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Is there a process to unpardon a pardon when the person doing

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 09:56 AM
Original message
Is there a process to unpardon a pardon when the person doing
the pardoning is obviously hiding endemic corruption which would incriminate him?

Reference:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=2045299&mesg_id=2045299
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 09:58 AM
Response to Original message
1. Charges can be pressed despite the pardon
It would then be up to the judge to determine whether the pardon was valid, and whether it covered the crime the trial was meant for. The pardon would probably hold, though.
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 10:00 AM
Response to Original message
2. Depends...
A federal court can overturn a governor's pardon, IIRC.

But I'm sure that a presidential pardon is final and cannot be overturned, per the Constitution.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 10:00 AM
Response to Original message
3. It depends on the state constitution
I am not aware of any state where the power to pardon can be overturned once issued. Nor is that a route I want to go down either, which could set a bad precendent that a pardon can be a reversible decision.

The proper remedy in a case like this would be impeachment.
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MadeinOhio Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 10:52 AM
Response to Original message
4. Charges can still be brought up.
But it depends on the pressure.....so I highly reccomend putting full frontal pressure on all congress and the Bush admin.
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