Clinton’s and the Clinton Foundation to be Pardoned Preemptively By Obama
By GENE "CHIP" TATUM -
November 10, 2016
Yep. I’m calling it. The Big Pardon coming soon. Not only for the Clintons and their crimes against America, but for Obama also.
You will see the Clintons moving money offshore. That is an indicator that the fix is in.
And President Obama can do it even before formal charges are presented.
Here is how.
In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power “extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.” (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.
As the Explainer has pointed out, there aren’t many limits to the president’s pardon power, at least when it comes to criminal prosecutions under federal law. The president’s clemency power has its origins in the practices of the English monarchy, and as a result, the Supreme Court has given the president wide leeway under Article II, Section 2 of the Constitution. There are some exceptions: The chief executive can’t pardon someone for a violation of state law or nullify a civil ruling, and his power doesn’t extend to convictions handed down in an impeachment proceeding. (It’s also not clear whether the president can pardon himself for future convictions.)
While pre-emptive pardons remain very rare, there are a few notable exceptions. Perhaps the most famous presidential pardon of all time occurred before any charges were filed. Gerald Ford’s pardon of Richard Nixon absolved the former president of “all offenses against the United States which he … has committed or may have committed or taken part in” between the date of his inauguration in 1969 and his resignation in August 1974. In other cases, presidents have pardoned individuals after criminal proceedings have begun but before a judgment has been handed down. In late 1992, less than a month before leaving office, President George H.W. Bush pardoned former Defense Secretary Caspar Weinberger, who had been indicted earlier that year on perjury charges surrounding the Iran-Contra affair. (A lawyer for Roger Clemens’ former trainer Brian McNamee claimed the pitcher might receive a similar pardon from Bush if he were ever indicted.) In addition, broad presidential amnesties—like the onePresident Carter issued to those who had avoided the draft during the Vietnam War—are essentially pre-emptive pardons issued to a large group of individuals.
If someone hasn’t yet been charged with a crime, how does the president know what to pardon them for? As in Nixon’s case, President Bush could issue a pardon that applies generally to any crimes that may have been committed within a certain range of dates. More likely, a pardon could apply only to actions surrounding a single policy or place—say, the detention or interrogation of suspected al-Qaida members.
There would be precedent. Gerald Ford pardoned former President Richard Nixon, an act that was painted as necessary so the country could move on and heal. Obama could cast a Clinton pardon in the same light, and justify if as necessary by saying Trump has prejudged her case for political purposes. Watch Ford’s explanation for pardoning Nixon here:
Others have cited Bill Clinton’s granting of clemency to CIA director John Deutch, who was accused of mishandling classified information, said The Charlotte Observer, which added that no charge had been filed at the time Clinton acted.
Here’s what you need to know:
Can President Obama Pardon Hillary Clinton?
Yes. This question came up even before Hillary lost. Some were arguing Obama should consider pardoning Clinton even if she won to prevent Republicans from tying up her administration with FBI investigations and and other inquiries.
The president enjoys broad executive authority on pardons. It’s his call. If President Obama wants to pardon Clinton, he can do it, even if she doesn’t request the pardon.
According to Politico, Obama could pardon Clinton “for any federal offenses she may have committed or could ever be prosecuted for.”
One expert, attorney Samuel T. Morison, told The Charlotte Observer, “The only constraint is that he can’t pardon someone in advance of committing the offense.
White House Press Secretary Josh Earnest was asked if Obama was considering pardoning Clinton, and he dodged the question (see above video). He said:
“Well, as you know, the President has offered clemency to a substantial number of Americans who were previously serving time in federal prisons, and we didn’t talk in advance about the President’s plans to offer clemency to any of those individuals.” Earnest was referring to Obama’s drug sentence pardons and commutations, in part. He said the White House doesn’t talk about the President’s thinking about pardons or commutations.
During one of the presidential debates, Trump told Clinton “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation…” He then said “because you’d be in jail” when Hillary countered that she was glad someone like him wasn’t in charge of the laws in the United States. This Trump comment was criticized for, among other things, violating due process. Watch:
You can search a database of Obama’s pardons here.
Will President Obama Pardon Hillary Clinton?
Probably, but there would be political calculations for both sides. To the Clintons, accepting a pardon would tarnish their reputations by implying guilt to some, said Politico. Remember that neither Clinton has ever been formally accused of a crime.
President Obama would face a firestorm of criticism from some were he to grant such a pardon, solidifying voter anger over a so-called elite system “rigged” for insiders. The Democratic Party is looking toward the future and courting some of those voters back, not creating new controversies.
A pardon would also dominate discussions of Obama’s legacy, which he would probably prefer to revolve around other things. Finally, there’s been no love lost between the Clinton’s and Obama’s at times (remember the bitter Democratic primary), although the President and First Lady did hit the campaign trail for Hillary.se).
Indeed, Obama’s press secretary drew the media’s attention to the observation Obama made in the Rose Garden about the “tone” that Trump displayed in his remarks in his victory speech on Tuesday night, saying, “The President expressed hope that that kind of tone would continue. That’s relevant because we have a long tradition in this country of people in power not using the criminal justice system to extract political revenge.”
That seems to imply that Obama will consider a pardon if Trump jacks the rhetoric up about prosecuting Clinton and putting her in jail. But that he thinks he might not be necessary if Trump’s tone remains conciliatory.
What’s the Precedent?
Ford’s pardon of Nixon is brought up a lot in this context. According to The New York Post, Ford’s 1974 pardon of Nixon was “for any crimes Nixon might have committed against the U.S. while he was president.”
Ford felt that “a long, drawn-out trial” of the former president would have been harmful to the nation, said The Post. Nixon had not been formally charged with any crime when Ford pardoned him, and the pardon was criticized at the time.
Ford said, Nixon was an “American tragedy in which we all have played a part. It could go on and on and on, or someone must write the end to it. I have concluded that only I can do that, and if I can, I must.”
As for John Deutch, the CIA director granted clemency by Bill Clinton, The Daily Caller says he was accused of “improperly keeping classified information on personal laptop computers.” Clinton pardoned him in 2001 just as he was about to work out a plea deal, said The Daily Caller.
No doubt that the Obama pardon of the Clinton’s and their Foundation will be costly. Then again Obama is going to be unemployed and need a stipend to pick up civilian life again.
Then there is the issue of Obama and his “crimes in office” Who will pardon him?
Well there is a solution. Apparently law exists for him to pardon himself.
Here is how
Looking back in history, President Clinton promised not to pardon himself. It’s surprising to see that Clinton had voluntarily relinquished a legal weapon, but even more surprising that he had his hands on it in the first place. Can the president really pardon himself?
No one knows the answer. The Constitution says that the presdent “shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This sentence, like many in the Constitution, can reasonably be interpreted in several ways. And since no court has ruled on this issue–because no president has ever tried to pardon himself–it remains an open question.
The simplest interpretation is that the president can pardon any federal criminal offense, including his own, but cannot pardon an impeachment. In other words, Clinton is free to immunize himself from criminal prosecution, but has no power over Congress.
Article from Heavy Jessica McBride is a Heavy contributor. She was a crime, government, and breaking news reporter for the Milwaukee Journal Sentinel and reporter for the Waukesha Freeman newspaper. Her award-winning work has appeared in numerous magazine, newspaper, and online publications