Can a Presidential pardon be challenged?

[dutch508]

mhw (308 posts) https://www.democraticunderground.com/10029132313

Can a Presidential pardon be challenged?

Curious to know under what situation it may be.
Since we're in new territory with criminal Trump.

Thanks.

MichMary (366 posts)
1. Doubtful

There are probably a lot of pardons that successor Presidents would have wanted to reverse. I think that may have come up with Clinton's pardons of FALN members, but Bush didn't do it. I would guess that it was because he couldn't.

Star Member marylandblue (287 posts)
3. No can't be challenged

On the other hand, if you are pardoned, you can't take the Fifth amendment.

Oh bullshit. Your rights are suddenly not removed if you are pardoned.

Star Member MedusaX (763 posts)
6. Anything can be challenged.. but courts will tend to side with the scope of the power granted by

the Constitution...

The pardon must be accepted by the person being pardoned..., so, in that case, the recipient has the power to challenge the pardon..

And of course Pres Pardon only applies to Federal Criminal charges/crimes and is not
Applicable to civil, or state, local charges.

As for our current Nightmare....

>snip<
Congress, like the courts, has the power to compel witnesses to testify before them.
Should any witness refuse, Congress is granted the power to hold these witnesses in contempt.
By proxy, the power granted to Congress to hold in contempt anyone who refuses to testify also exists outside the pardoning power.

This means, that if the executive branch orders any of its administration not to testify before the legislative branch, Congress may hold that person in contempt, without the possibility of that witness being granted a pardon.
In this manner, witnesses are more likely to cooperate with Congress, especially in cases where the executive branch is being investigated.
>snip<
http://people.howstuffworks.com/presidential-pardon5.htm

Star Member world wide wally (9,857 posts)
7. You would think a pardon would come with some kind of stipulation like being on probation

Star Member madinmaryland (60,840 posts)
14. How does that explain Ford's pardon of Nixon, for which he had not been convicted or sentenced?

roamer65 (11,726 posts)
20. The POTUS can only pardon federal crimes.

If Kushner or any of the Dump cabal are charged under state RICO laws, his power to pardon is useless.

Keep a close eye on the NY AG.

 

[DumbAss Tanker]

mhw (308 posts) https://www.democraticunderground.com/10029132313

Can a Presidential pardon be challenged?

Nope to the nopity-nope power.  However, it doesn't necessarily fix everything either on certain civil disabilities if the pardon is for an existing conviction, Federal firearms law still treats you as a convicted felon who was pardoned from a sentence, not as an innocent person.

[Adam Wood]

Star Member marylandblue (287 posts)
3. No can't be challenged

On the other hand, if you are pardoned, you can't take the Fifth amendment.

Oh bullshit. Your rights are suddenly not removed if you are pardoned.

DUmmie here is thinking (and I know that's a broad stretch of that word) of transactional immunity.  But, it's not really that one can't plead the Fifth Amendment, just that the prosecution can rescind that immunity deal if you refuse to follow through with your testimony, and then you're boned because they can go back and prosecute the shit out of you for a bunch of stuff that you've already admitted to the prosecuting attorney.

[SVPete]

  in preparation for Lucy jerking away the football, and the long, plaintive, "AAAAaaaaaaauuuuuuuuuuhghhhh!"

[67 Rover]

mhw (308 posts) https://www.democraticunderground.com/10029132313

Can a Presidential pardon be challenged?

If so let's go ahead and revisit Bradly Manning.