*Policy proposal: *That President is limited to who they can Pardon
*objective: * as we have seen with hunter Biden, who was convicted of felonies and his father Joe Biden, just Pardon him, this should not be allowed.
*Solution: * any member of any office, branch with in any part of the government, who is involved in any way with a criminal act, found guilty, should not be Pardon by the President.
*1: * this include family, friends, that are involved and or convicted of any criminal acts, should not be Pardon.
*2: * this should be considered a conflict of interest. 3: this lowers the confidence of the powers use by any official in our government 4: no succeeding president can also not pardon, family, friends etc. Of any sitting President. 5: President shall not preemptively pardon a person if they have not yet been charged with a crime or at minimum are under active investigation, not blanket pardons. 6: no governor shall not pardon any person(s) that are under active investigation or reduce the pardon. 7: once the person(s) have gone though the federal government pardon, then the states can open an investigation, if there was a crime committed by said individuals that would be separate from the federal government pardon. As well could be convenient in that state.
*Results: * this will show all Americans, that no one is above the law, as Joe Biden, is showing us, his son is above the law. This act lowers the confidence of American people, that the use of the pardoning power of the President can be abused at his discretion. Elementing family friends, from the possibility, of being pardoned for any crime they may commit and found guilty of, well show the American people, no one is above the law. There for restoring the confidence of law and order.
Your policy might also include the provision that a succeeding president can also not pardon the family, friends, etc. of any previous sitting President.
If the president can’t pardon then the governor of the state of residence of the individual could use his power to pardon or rebuce the pardon. Still if it affected a community directly it sould be taken off the table. In that case every citizen should be parden once.
Presidents can only pardon/commute sentences on Federal Charges - Governors can only pardon/commute sentences on State Charges, there is no crossover between the two, nor should there be.
Need to add a section that a President cannot “preemptively” pardon a person if they have not yet been charged with a crime or at minimum are under active investigation, and not a “blanket” pardon.
The news has been awash today that the outgoing administration might do that to a number of people involved in the persecution of the incoming administration, in an effort to keep justice from being served.
Good point but that would fall under the state not the federal government bill now I don’t know it there could be a bill stating that the Governor’s have to follow a similar bill or not
@MWJones unfortunately you are incorrect. There is overlap between some criminal law at both the state and federal level. Legally both sovereigns can prosecute the same person for the same crime, usually they choose not to but legally it isn’t double jeopardy because the federal and state are separate sovereignties with occasionally overlapping authority.
Yes, there’s the possibility of both State and Federal charges against a suspect, although one will yield to the other, or will decline to prosecute - for example the State of New York case against Trump was in state courts because the Federal prosecutors decided there was no case.
In the case of pardons, that is clear, the President can only pardon crimes charged under his executive branch (aka the DOJ). The same goes for the Governor, they can only pardon crimes charged by the state.
There’s some radicals that are now calling for Biden to pardon the CEO assassin. He cannot, since those charges are being filed by the state of New York in State courts (and personally those who think he should be pardoned should have their head examined), and I doubt Governor Hochul will intervene in what is shaping to be a clear case. Sadly New York doesn’t have the death penalty, so the ultimate justice will never be served.
Right and no pardon issued unless there is a crime, handing out pardons are not something just to issue, just because, if it’s issued it’s the admin of guilt there was a crime that should be wiped out.