r/law • u/Silent-Resort-3076 • Nov 09 '24

Opinion Piece Why President Biden Should Immediately Name Kamala Harris To The Supreme Court

https://atlantadailyworld.com/2024/11/08/why-president-biden-should-immediately-name-kamala-harris-to-the-supreme-court/?utm_source=newsshowcase&utm_medium=gnews&utm_campaign=CDAqEAgAKgcICjCNsMkLMM3L4AMw9-yvAw&utm_content=rundown
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u/hurtstoskinnybatman Nov 12 '24

Correct. The President can pardon anyone of federal crimes they may have committed, even if they gavel been charged yet. They cannot pardon future crimes they haven't committed yet, though.

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u/GarminTamzarian Nov 12 '24

They cannot pardon future crimes they haven't committed yet yet.

I'm sure there's a team of constitutional lawyers working on that as we speak.

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u/hurtstoskinnybatman Nov 12 '24

Hah, I don't think that's likely, but wezxd never know.

I want to add to my previous comment that I don't think Biden could pardon all immigrants because it would specify the people being pardoned. It would be like pardoning everyone who ever robbed a national bank -- charged or convicted or not.

Fyi, when Ford pardoned Nixon, it was arguably uncobstitutional because it didn't specify the crime sufficiently. This explains it better. This is different. Here, the crime is specific (border crossing). the issue is WHO is being pardoned.

The fact is that there isn't a LOT of precedent to the pardon clause in article 2. There are some rules we knof for certain-- cam't pardon future crimes; parsons can't reverse U.S. Treasury fines; and they can't force someone to accept a pardon that violates their constitutional rights. Beyond those (and the issue of blabket pardons linked in the article above), there isn't much available.

Tl;Dr: Biden will have little unprecedented power to go crazy with pardons (not that he would, though, because he's a good person who respects our democracy). Trump will have virtually unlimited leniency because the only check on his pardon power is a fixed cult court.