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If Hillary is Elected President and Indicted, Can She Pardon Herself?
Reason ^ | Jan. 30, 2016 | Joshua Swain

Posted on 01/31/2016 5:09:29 AM PST by Salman

Former House Majority Leader Tom DeLay stirred rumors last Monday when he told Newsmax his friends at the FBI are ready to indict presidential candidate Hillary Clinton for mishandling classified information over a private insecure server while Secretary of State.

Whether the FBI is going to indict her—or if Delay even has friends—isn't known for sure. What we do know is that the State Department is withholding seven email chains from public release due to "top secret" content.

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: corruption; hillary
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Also a video at the link.
1 posted on 01/31/2016 5:09:29 AM PST by Salman
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To: Salman

Of course.


2 posted on 01/31/2016 5:12:20 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: Salman
If Obama doesn't pardon her first.

What dirty, little secrets did that rat-bastard, Sid Blumenthal dig up on Barack?

3 posted on 01/31/2016 5:15:49 AM PST by TexasCajun (#BlackViolenceMatters)
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To: Salman

I don’t know if she can pardon herself. This I do know: she and bill have been a walking constitutional crisis for over 25 years.


4 posted on 01/31/2016 5:15:55 AM PST by Migraine (Diversity is great -- until it happens to YOU.)
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To: arthurus

The president can pardon anyone, including himself/herself; except that he cannot pardon (undo) an impeachment.

So, the answer is, Yes, Hillary could pardon herself.


5 posted on 01/31/2016 5:17:37 AM PST by CondorFlight (I)
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To: Salman; arthurus

Yes, she can pardon herself. However Congress can impeach and sentence her despite any such pardon. So a presidential pardon wouldn’t protect her. A lack of Congressional spine would.


6 posted on 01/31/2016 5:17:42 AM PST by DannyTN
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To: Salman

Pardon yourself you’ll go blind.


7 posted on 01/31/2016 5:19:43 AM PST by billorites (freepo ergo sum)
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To: Salman
355 days from now Obama will have to give her a Special Pardon.
8 posted on 01/31/2016 5:20:42 AM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: Salman

If so, we’d still be stuck with her totalitarian VP.


9 posted on 01/31/2016 5:21:05 AM PST by jacknhoo (Luke 12:51. Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: Salman
She might try to pardon herself, but this profile in courage will impeach her:


10 posted on 01/31/2016 5:21:33 AM PST by Sirius Lee (Cruz or Lose 2016)
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To: DannyTN

Yes, it can. Congress (the Senate) cannot sentence her to anything beyond loss of office, though. The question is whether she can benefit from self pardon to the extent of preventing herself being tried in a court of law. Some pre and post things here.


11 posted on 01/31/2016 5:21:35 AM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: All

I don’t think it is possible, unless you think President is basically above the law. Those who arguing that only Congress could remove him is saying he is above the law, but not above congress


12 posted on 01/31/2016 5:23:01 AM PST by 4rcane
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To: Salman

Do they pardon indictments? I thought they had to be convicted by a court first?


13 posted on 01/31/2016 5:23:03 AM PST by FrankR (You're only enslaved to the extent of the charity that you receive!)
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To: jacknhoo

Who would the Hildabeast pick for impeachment insurance?


14 posted on 01/31/2016 5:23:21 AM PST by null and void (This war starts in the spiritual realm-it will end in ours though.)
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To: DannyTN
Yes, she can pardon herself. However Congress can impeach and sentence her despite any such pardon. So a presidential pardon wouldn’t protect her. A lack of Congressional spine would.

Impeachment cannot "sentence" her.

The Constitution, Article I, Section 3:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachments shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States, but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishmnet, according to Law.

Now, is she had pardoned herself prior to impeachment, they could remove her from office (good luck with that, based on the Bill Clinton impeachment), but the Justice Dept could not thereafter prosecute her.
15 posted on 01/31/2016 5:24:51 AM PST by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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To: Salman

She pardons herself and no one does anything about it? Raise a Militia, summon her, if she fails to respond, go get her. then hold a Court Martial. It’s simple, really
and fun.


16 posted on 01/31/2016 5:26:46 AM PST by TalBlack (Evil doesn't have a day job...)
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To: Salman

The POTUS has unlimited power to pardon for federal offenses, even for themselves. However, they cannot pardon themselves from impeachable offenses.

Impeachment is a weak point in the constitution. Far too much is expected of it, as far as policing the POTUS, and it is far too difficult to carry out. After Marbury v. Madison (1810), the president made clear that while the SCOTUS can stop him from doing some things, they cannot make him *do* things.

And since that time, presidents have connived to be able to do things the SCOTUS cannot stop.


17 posted on 01/31/2016 5:27:17 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: Salman

She is so arrogant, she will not even try to pardon herself!


18 posted on 01/31/2016 5:27:18 AM PST by VRW Conspirator (American Jobs for American Workers.)
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To: Salman

more to the point, will she be alive to pardon herself?


19 posted on 01/31/2016 5:28:19 AM PST by bert ((K.E.; N.P.; GOPc;+12, 73, ....carson is the kinder gentler trump.)
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To: Salman

She could never be impeached or convicted, just likein the 1999 case of Mr. Bill. I believe that the American people will flock to Mrs. Bill on November 8.


20 posted on 01/31/2016 5:29:38 AM PST by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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