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- From: dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be)
- Newsgroups: bit.listserv.politics
- Subject: Re: Presidential Pardon
- Date: 31 Dec 1992 14:13 PST
- Organization: University of Oregon
- Lines: 32
- Distribution: world
- Message-ID: <31DEC199214131096@oregon.uoregon.edu>
- References: <01GSYS8CZOVK001SXM@drew.drew.edu>
- NNTP-Posting-Host: oregon.uoregon.edu
- News-Software: VAX/VMS VNEWS 1.41
-
- In article <01GSYS8CZOVK001SXM@drew.drew.edu>,
- WKIMLER@DREW.DREW.EDU writes...
- >Just a quick question for the New Year!
- >
- > If President Bush is investigated and convicted on the Iran-
- >Contra affair before Inauguration Day, can he pardon himself?
-
- This is an untested constitutional question, which will be based on several
- factors:
-
- 1. Conviction of a criminal offense does not automatically remove the
- President of office (which would terminate power to pardon), but impeachment
- proceedings would probably begin immediately if Congress convened.
-
- 2. The President may only pardon for federal offenses. Because most of
- the events in question presumably occurred in the District of Columbia and
- federal enclaves, and potential charges presumably will refer to federal
- statutes and interference with a federal investigation, there probably will be
- a federal offense in this case.
-
- 3. The reach of the power of the President to pardon is, as has been
- demonstrated, extends to former presidents, former and probably sitting
- officials, etc., and may cover past offenses not yet charged. The Supreme
- Court would probably have to decide whether the Constitution grants the power
- of auto-pardon. Given the division of the current Court, it could go either
- way, and may depend on the Court's reading of United States v. Nixon (the
- Watergate tapes).
-
- Note that Bush's staff reportedly already was considering such a pardon for any
- offenses he may have committed.
-
- Dan, ad nauseum
-