Supreme Court case could strengthen Trump's pardon power

Discussion in 'Politics, Religion, Social Issues' started by jkcerda, Dec 6, 2018.

  1. jkcerda macrumors 6502a

    jkcerda

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    #1
    https://www.yahoo.com/gma/supreme-c...don-power-093303944--abc-news-topstories.html
    interesting
     
  2. ucfgrad93 macrumors P6

    ucfgrad93

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    #2
    This will be interesting to see how it plays out.
     
  3. jkcerda thread starter macrumors 6502a

    jkcerda

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    #3
    guy should not have been double charged.
     
  4. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #4
    From what I remember double jeopardy prevents multiple prosecutions or punishments by the same “sovereign". i.e....State and Federal are two separate sovereigns.
     
  5. raqball macrumors 68000

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    #5
    My take is if the feds wanted the case they should have taken it from jump.. I don't have a problem with him claiming a violation of the 5th but I doubt he will prevail for the reasons stated by Boxer above.....

    My next take is that presidential pardons should be abolished if they can't use them sparingly and responsibly, which no president has ever done....
     
  6. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #6
    He should have just been prosecuted by the feds and that's it if they were going for the maximum sentence allowed under the law (federal or state). It's not like states attorneys don't hand over cases to the Feds on a weekly basis.
     
  7. raqball macrumors 68000

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    #7
    Agree.... And vise-versa.. If the Feds decline then the State could have picked it up...
     
  8. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #8
    Also understand that Trump can't pardon anyone until they are convicted, those conviction could take awhile and if he's not in office then it's the next guys call. Pardon power doesn't apply to indictments.
     
  9. zin macrumors 6502

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    #9
    That isn't true. Pardons can only affect past actions, but charges, let alone a conviction, aren't needed. Carter pardoned thousands of people who evaded the Vietnam draft and Nixon was pardoned by Ford.
     
  10. bradl macrumors 68040

    bradl

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    #10
    Exactly. This could also have 10A implications, and limit the states in what they can do with their own judicial system, which in effect is different from the federal system. On paper, these are two separate crimes in two separate jurisdictions, so the 5A has a good chance of not applying.

    BL.
     
  11. Rhonindk macrumors 68040

    Rhonindk

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    #11
    Would like to see this come out in favor of the defendant.
    Set priority.
    Feds then State if the Feds decline, not both.
     
  12. raqball macrumors 68000

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    #12
    I don't disagree with this, I just don't think it's going to happen...
     
  13. BoxerGT2.5 macrumors 68000

    BoxerGT2.5

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    #13
    My mistake, many state Governors cannot. Lumped federal in with state.
     

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12 December 6, 2018