Originally posted by: seti920
Originally posted by: techs
But a commutation doesn't remove the conviction from Libby's record. A pardon is like it just never happened.
That isn't true. I work with immigration issues, and part of our instructions state, specifically, explicitly, that even a presidential pardon doesn't 'count' when evaluating things. This is administrative law. I realize it's an obscure bit, but a presidential pardon doesn't mean that 'it never happened'. Also, I'm pretty sure that the criminal history still shows up on a NICS check.
I'd have to suspect that that may be illegal, and could be challenged in court. A presidential pardon is supposed to prevent any punishment for a federal crime.
Can President pre-pardon someone? Like if Bush pardons someone for any and all crimes that may or may not have been committed by someone prior to a certain date, like the day he leave office?
Or can the President only pardon someone who has been arrested, charged, indicted or convicted?
Tom Clancy and his grandkid proposed that in 'Teeth of the Tiger'. I have no idea if it's been done before, or if it is legal.
The presidential pardon can only be used after the act is committed, but can be used before any criminal justice process, and for a class of people based on the crime.
So Ford could pardon Nixon for basically anything he had done illegal; Carter could pardon all draft dodgers from Vietnam.