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Will John Kerry pardon Hillary Clinton on January 20th? He can.
January 17, 2017 | Pilsner

Posted on 01/17/2017 9:36:46 PM PST by Pilsner

How could John Kerry pardon Hillary Clinton? After all, it is the President of the United States, not the Secretary of State, who is empowered by the Constitution “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Art. II, Section 2, United States Constitution. Secretary of State John Kerry will not be President of the United States on Friday, so how could he pardon Hillary Clinton?

The incumbent President’s term expires, and Donald Trump’s Presidency begins, at noon, on January 20th. XXth Amendment, Section 1, United States Constitution. But Donald Trump will not enter on the Execution of his Office” until ”he shall take the following Oath or Affirmation:—‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States’.” Art. II, Section 1, United States Constitution.

Who is President during the interval between noon and the completion of the oath? In a monarchy the period between the death of one monarch, and the crowning of a successor, is an “interregnum” or interval between reigns, and technically the land is without a government during that time. In the nuclear age, the Constitution was amended to exclude the possibility of an interregnum, and insure that there will always be an acting President. When the a new term begins without a qualified President, the Vice President elect is first in line: ”if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified….”XXth Amendment, Section 3, United States Constitution. Of course Mike Pence will not take the oath of office as Vice President until Donald Trump has taken the oath as President, so he will not be the acting President during the interval. On its face it might appear that the XXth Amendment authorizes the “Vice President elect” to act as President automatically, but all executive officers of the United States must first take an oath to support the Constitution. Art. VI, United States Constitution.

During that interval between noon and when Donald Trump takes the oath and qualifies as President, the Constitution provides that “Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President,…XXth Amendment, Section 3, United States Constitution. Congress has so provided by that “the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.3 U.S. Code § 19(a)(1). Of course Speaker Ryan will not have resigned his Speakership, and from Congress, and taken the Presidential oath before Donald Trump takes the oath. Next up, the President pro tempore of the Senate, who “shall, upon his resignation as President pro tempore and as Senator, act as President. 3 U.S. Code § 19(b). Orrin Hatch isn’t quitting his day job, and rattling off the Presidential oath at breakneck speed just to be acting President for a few seconds.

So, with the incumbent’ term expired, neither the President elect, nor the Vice President elect, having qualified by taking their respective oaths of office, and neither the Speaker of the House of Representatives, nor the President pro tempore of the Senate, having become acting President by resigning, and taking the Presidential oath, Congress has provided that “the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State,…” 3 U.S. Code § 19(d)(1).

Cabinet officers appointed by the President do not serve fixed terms, but at the pleasure of the President. When one presidential term expires, cabinet officers remain in office until they resign, or are fired.. There is no need to renominate them if the President elect wants them to remain in office -- they remain in officer during the new term, until resigning or being fired.

Donald Trump has nominated Rex Tillerson to replace John Kerry as Secretary of State, but that nomination is not expected to even be voted on until next week. President Donald Trump may of course fire John Kerry, but President elect Donald Trump has no formal power over John Kerry, either before the incumbent President’s term expires, or during the term to which Trump was elected, until Trump qualifies by taking the Presidential oath.

During that interval, between noon, and when Donald Trump completes the Presidential oath, John Kerry “shall act as President”(3 U.S. Code § 19(d)(1).) and may bestow a Presidential pardon on Hillary Clinton, or anyone else he pleases.

Do I expect him to? Of course not. But the past year has seen a number of significant political events that I did not expect.


TOPICS: Conspiracy
KEYWORDS: clinton; hillary; hillaryclinton; johnkerry; kerry; oathofoffice; pardon; president; tinfoilalert
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1 posted on 01/17/2017 9:36:46 PM PST by Pilsner
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To: Pilsner

Something is wrong with you.


2 posted on 01/17/2017 9:38:29 PM PST by Repeal The 17th (I was conceived in liberty, how about you?)
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To: Pilsner

If Obama isn’t going to pardon the corrupt witch, then it ain’t happenin’


3 posted on 01/17/2017 9:41:26 PM PST by lmr
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To: Pilsner

You need a different hobby. Making up stuff isn’t your forte.


4 posted on 01/17/2017 9:41:33 PM PST by bigbob (We have better coverage than Verizon - Can You Hear Us Now?)
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To: Pilsner

Trump becomes President at the same instant that Obama ceases to be President. At noon.


5 posted on 01/17/2017 9:43:17 PM PST by Arthur McGowan (https://youtu.be/IYUYya6bPGw)
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To: Pilsner

The Left:

Oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please, oh please...

the Right:

Hell NO!


6 posted on 01/17/2017 9:44:35 PM PST by DoughtyOne (Obama, Clinton, McStain, and Graham, with people like this, who needs enemies?)
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To: Pilsner

The outside oath izs just for show. When they are inside, the CJ administers the oath BEFORE they exit. When you see them come out the doors, Trump will already be POTUS!..........


7 posted on 01/17/2017 9:45:31 PM PST by Red Badger (If "Majority Rule" was so important in South Africa, why isn't it that way here?............)
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To: Arthur McGowan
Trump becomes President at the same instant that Obama ceases to be President. At noon.

A President does not enter on the Execution of his Office” until ”he shall take the following Oath or Affirmation:—‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States’.” Art. II, Section 1, United States Constitution.

8 posted on 01/17/2017 9:45:57 PM PST by Pilsner
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To: bigbob

He could work for CNN!.............


9 posted on 01/17/2017 9:46:34 PM PST by Red Badger (If "Majority Rule" was so important in South Africa, why isn't it that way here?............)
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To: Pilsner

Even if it may be argued that you are technically right, the argument is too convoluded and obscure for most people to follow; if Kerry acted on this argument, it would undermine himself and Hillary in most people’s minds—which would be fine by me. As well, an argument may be made in the other direction—which might very well prevail in the courts.


10 posted on 01/17/2017 9:48:05 PM PST by Hieronymus ( (It is terrible to contemplate how few politicians are hanged. --G. K. Chesterton))
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To: Pilsner


It's all moot because cankles is going to steal enough delegates to win the Electoral College vote.

Did you hear about that one?


11 posted on 01/17/2017 9:50:20 PM PST by 867V309 (Lock Her Up)
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To: Pilsner

This is real black helicopter sh!t. Tin foil anyone?


12 posted on 01/17/2017 9:50:51 PM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: Pilsner

I would think they would have to specify what she is being pardoned for if a pardon is given. I also do not see how anyone can be granted a pardon when no formal finding of guilt has occurred or even any official charges of a crime have been filed. Even so I think the list of her crimes is so vast that they would never be able to list them all and when in office and given full access to records who knows how many other crimes may be discovered. I think she messed up big time too. I think Trump would have let her slide if she had accepted defeat gracefully but since she just could not bring herself to do that I think he will be asking Sessions for regular updates on his progress on putting her away.


13 posted on 01/17/2017 9:51:15 PM PST by TonyM
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To: Repeal The 17th; bigbob; Pilsner

Methinks Pilsner should maybe switch to lager.

Or Shirley Temples.


14 posted on 01/17/2017 9:53:25 PM PST by shibumi (Cover it with gas and set it on fire.)
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To: Hieronymus
Even if it may be argued that you are technically right, the argument is too convoluded and obscure for most people to follow;

Well, I am a lawyer. ; )

I didn't say it would be a good idea -- just that he could.

15 posted on 01/17/2017 9:53:30 PM PST by Pilsner
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To: Pilsner

There is never a nanosecond when there is not a current president you idiot.


16 posted on 01/17/2017 9:53:46 PM PST by Az Joe (11-8-2016-----We're still here President Reagan!!)
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To: TonyM

Nixon was pardoned.


17 posted on 01/17/2017 9:55:03 PM PST by Az Joe (11-8-2016-----We're still here President Reagan!!)
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To: Pilsner

people are losing it.


18 posted on 01/17/2017 9:55:04 PM PST by JohnBrowdie
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To: TonyM
I would think they would have to specify what she is being pardoned for if a pardon is given. I also do not see how anyone can be granted a pardon when no formal finding of guilt has occurred or even any official charges of a crime have been filed

Nixon received a full, general pardon, for all crimes, known, or unknown, committed while in office:

Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard 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 January 20, 1969 through August 9, 1974.

19 posted on 01/17/2017 9:57:01 PM PST by Pilsner
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To: Repeal The 17th

I usually don’t LOL, but that made me LOL!


20 posted on 01/17/2017 9:59:22 PM PST by clintonh8r (AMERICA! THANK YOU FOR MAKING MY SCREEN NAME OBSOLETE!)
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