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goddan

join:2001-01-15
Quaker Hill, CT

A Presidential Pardon?

If immunity doesn't pass, can Bush accomplish the same thing with a presidential pardon? I don't think I've ever heard of a pardon for a corporation, but it sure sounds like a very Republican thing to do.

Or would a pardon only let them off the hook for criminal charges, and not stop civil suits?

Ahrenl

join:2004-10-26
North Andover, MA

It's only for criminal charges, and, of course, they'd already have to be convicted of something. You can't pardon anything if they haven't been found guilty in a court of law yet.

After all that, I'm not sure that you can bring criminal charges against a corporation, what are you going to do? Send a corporation to jail? Thanks to SarbOx, I think it can be brought against the senior mgt.



JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD
Reviews:
·Verizon FiOS

Ford pardoned Nixon for "all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from July (January) 20, 1969, through August 9, 1974." (emphasis mine).

Why couldn't Bush do the same for telecoms?

Ford's speech, where he pardoned Nixon, can be viewed in its entirety here: »www.cnn.com/ALLPOLITICS/1997/gen···ech.html


Ahrenl

join:2004-10-26
North Andover, MA

That a great question, and I have no idea.

I wonder if that's ever been tested in a court of law however. Some how I don't think so...

Also, again, I don't think it applies to any civil cases.



JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD

Yeah, I think you're right about the civil stuff.



pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

reply to Ahrenl

said by Ahrenl:

It's only for criminal charges, and, of course, they'd already have to be convicted of something. You can't pardon anything if they haven't been found guilty in a court of law yet.
President Bill Clinton pardoned Mark Rich, who was indicted on, but not convicted of, charges of tax evasion and engaging in illegal business deals with Iran.
--
Only SHATNER is Kirk.


rit56

join:2000-12-01
New York, NY
Reviews:
·RoadRunner Cable

and George H W Bush pardoned Scooter Libby a man who committed treason by giving the name of an active CIA officer in order to destroy her husband because the Vice President was pissed that he wouldn't lie and say that Iraq was looking for nuclear fuel. so whats your point? I think pardoning someone who committed treason is rather heinous don't you? He should have been hung or shot by a firing squad.



pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

1 edit

said by rit56:

and George H W Bush pardoned Scooter Libby a man who committed treason by giving the name of an active CIA officer in order to destroy her husband because the Vice President was pissed that he wouldn't lie and say that Iraq was looking for nuclear fuel. so whats your point? I think pardoning someone who committed treason is rather heinous don't you? He should have been hung or shot by a firing squad.
A few questions/comments for you:

1. Since when is George H. W. Bush is still president?

2. When was Scooter Libby pardoned? His convictions in charges related to the Valerie Plame outing still stand.

3. Scooter Libby was never indicted of outing anyone at the CIA. The actual person who leaked the identity of Valerie Plame was Richard Armitage. Armitage was never prosecuted for any criminal wrongdoing.

4. An interesting historical aside, it was Scooter Libby who acted as Mark Rich's counsel when he pursued a pardon from President Bill Clinton.

5. You really should not use run-on sentences in your posts.

Anyway, I was pointing out to the original poster that an individual need not be convicted of a crime in order to receive a presidential pardon. In this role, a presidential pardon can serve to vacate a criminal indictment as opposed to an actual conviction.
--
Only SHATNER is Kirk.

Ahrenl

join:2004-10-26
North Andover, MA

Well, again, this would be civil, not criminal. Since it would be customers, not the government, bringing suit; and I don't think the government can bring "criminal" charges against a corporation, only revoke their incorporated status, or fine them.

I'm still not sure that being pardoned for something you haven't been convicted of would stand up in court. Not saying it hasn't been done..



pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

said by Ahrenl:

I'm still not sure that being pardoned for something you haven't been convicted of would stand up in court. Not saying it hasn't been done..
From a purely legal perspective, it is impossible to challenge a pardon in any court, as this is a power granted directly to the President in the Constitution.

There are always grumblings about the individuals to whom presidents grant pardons, but no legal challenge to a pardon has ever been able to stand.
--
Only SHATNER is Kirk.

Ahrenl

join:2004-10-26
North Andover, MA

Well, you wouldn't be really challenging the pardon, you'd be trying them for the crime, and saying it wasn't covered by the pardon because at the time of the pardon, there had been no conviction.


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