Re:Russia gives Edward Snowden permanent residency
by dragonwriter on Thursday October 22, 2020 @01:10PM
(#24860362)
That's completely false[0], no such condition exists in the Constitution and people (for the most famous, Nixon) have been pardoned without charges, much less trial.
[0] On further reflection, that's probably overstated. While there is no such express condition in the Constitution, and pardons have been issued in such circumstances (including the famous Nixon pardon), none of them have been challenged (such as by a later attempt to prosecute despite the pardon) in a way which caused a court to rule on their effect, and there are cases where the question of the Constitutionality of pre-conviction pardons has been raised, though those cases were resolved on other grounds. So it should probably be acknowledged that the claim that a pardon requires trial and conviction is an active legal theory, though one without positive support in case law, and one which the actual practical use of pardons in the US has not been consistent with to this point.
[0] On further reflection, that's probably overstated. While there is no such express condition in the Constitution, and pardons have been issued in such circumstances (including the famous Nixon pardon), none of them have been challenged (such as by a later attempt to prosecute despite the pardon) in a way which caused a court to rule on their effect, and there are cases where the question of the Constitutionality of pre-conviction pardons has been raised, though those cases were resolved on other grounds. So it should probably be acknowledged that the claim that a pardon requires trial and conviction is an active legal theory, though one without positive support in case law, and one which the actual practical use of pardons in the US has not been consistent with to this point.