Since Mr. Trump ran out of options for challenging the election results, he and his White House advisers have focused significant energy on deciding who should be granted clemency, an unchecked presidential power that Mr. Trump has relished wielding. The president has polled associates about pardon candidates, and he and his top aides in recent days have personally called the families of some of the people whose clemency grants he had approved.
Mr. Trump has continued expressing interest in pre-emptively pardoning himself, but he has been warned against such an extraordinary move by the White House counsel, Pat A. Cipollone, and the former attorney general, William P. Barr.
Mr. Cipollone also warned the president against granting clemency for Republican lawmakers who might be connected to the storming of the Capitol, a person briefed on the discussion said. And Mr. Trump has been cautioned against issuing pre-emptive pardons for his three eldest children, his son-in-law and his personal lawyer Rudolph W. Giuliani, none of whom have been charged with wrongdoing.
Mr. Giuliani has been under investigation by the federal prosecutors in Manhattan over whether he illegally lobbied the Trump administration on behalf of Ukrainian interests.
Some may not stand up - since you can't be pardoned for something that you haven't been convicted for.
A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some – but not all – circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.
Carter's pardons for the draft dodgers - which was blanket, did stand up, but they'd been convicted. So it may be different.
At any rate, the President cannot pardon anyone for a State conviction. Or for a crime that hasn't been charged. You can't pre-emptively pardon, and if he tried that - he would have been admitting guilt. That's why he didn't try it for his family members. Also it wouldn't have protected them from the State lawsuits. NY has 67 indictments pending against Trump, and Georgia has at least 12, and I think Virgina and DC were contemplating a few themselves.
He was going to pardon Snowdon/Assange - but the White House Council talked him out of it - because it would have pissed off the GOP big time. Also, he couldn't pardon the rioters - because admitting guilt - and hello...
So instead, he basically auctioned them off. He was also talked out of pardoning Sheldon Silver (again would piss off the GOP).
no subject
HERE's the article that explains it best.
Since Mr. Trump ran out of options for challenging the election results, he and his White House advisers have focused significant energy on deciding who should be granted clemency, an unchecked presidential power that Mr. Trump has relished wielding. The president has polled associates about pardon candidates, and he and his top aides in recent days have personally called the families of some of the people whose clemency grants he had approved.
Mr. Trump has continued expressing interest in pre-emptively pardoning himself, but he has been warned against such an extraordinary move by the White House counsel, Pat A. Cipollone, and the former attorney general, William P. Barr.
Mr. Cipollone also warned the president against granting clemency for Republican lawmakers who might be connected to the storming of the Capitol, a person briefed on the discussion said. And Mr. Trump has been cautioned against issuing pre-emptive pardons for his three eldest children, his son-in-law and his personal lawyer Rudolph W. Giuliani, none of whom have been charged with wrongdoing.
Mr. Giuliani has been under investigation by the federal prosecutors in Manhattan over whether he illegally lobbied the Trump administration on behalf of Ukrainian interests.
Some may not stand up - since you can't be pardoned for something that you haven't been convicted for.
ttps://www.justice.gov/pardon/frequently-asked-questions
A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some – but not all – circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.
Carter's pardons for the draft dodgers - which was blanket, did stand up, but they'd been convicted. So it may be different.
At any rate, the President cannot pardon anyone for a State conviction. Or for a crime that hasn't been charged. You can't pre-emptively pardon, and if he tried that - he would have been admitting guilt. That's why he didn't try it for his family members. Also it wouldn't have protected them from the State lawsuits. NY has 67 indictments pending against Trump, and Georgia has at least 12, and I think Virgina and DC were contemplating a few themselves.
He was going to pardon Snowdon/Assange - but the White House Council talked him out of it - because it would have pissed off the GOP big time. Also, he couldn't pardon the rioters - because admitting guilt - and hello...
So instead, he basically auctioned them off. He was also talked out of pardoning Sheldon Silver (again would piss off the GOP).