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Re:Russia gives Edward Snowden permanent residency by shadowgovt on Thursday October 22, 2020 @01:33PM (#24860652)
Snowden was never found guilty of anything, so the President can't pardon him.

And Presidential authority doesn't extend to say "Whatever he did, this country forgives him" in the absence of a guilty verdict. It's commonly thought to, but the actual result is unknown; a subsequent President's authority to arrest him on his "pardoned" actions and try him for commission of crime under the theory that one cannot be pardoned for crimes not tried has never been tested in the US legal system.

Trump is enough of an outlier that someone might actually be willing to test the hypothesis on any pardons he fires off.

Re:Russia gives Edward Snowden permanent residency by pseingatl on Thursday October 22, 2020 @01:38PM (#24860728)
That's not true. Nixon was preemptively pardoned by Ford with no charges pending.
Re:Russia gives Edward Snowden permanent residency by shadowgovt on Thursday October 22, 2020 @01:40PM (#24860751)
And no subsequent President challenged that pardon. That's the operative factor here.

Nobody's ever tried to claim the President lacks authority to pardon for crimes untried. What would happen if it was tried is unclear; there's no precedent. Trump's enough of an outlier that his successor might actually test the hypothesis.

Re:Russia gives Edward Snowden permanent residency by function_seven on Thursday October 22, 2020 @02:11PM (#24861235)
> The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The Constitution makes no mention of trial, or of conviction.

Indeed, the Supreme Court has ruled that pardons can be offered prior to a conviction in Ex parte Garland[0]

[0] https://en.wikipedia.org/wiki/Ex_parte_Garland

Re:Russia gives Edward Snowden permanent residency by shadowgovt on Thursday October 22, 2020 @02:33PM (#24861561)
Correct on "Crimes untried," and my error. Ex parte Garland clearly covers that.

However, subsequent rulings call into question the absolute scope of Ex parte Garland (https://digitalcommons.law.wne.edu/cgi/viewcontent.cgi?artic...).

In particular, in case of dispute, the Court has the authority to adjudicate the dispute. It's the authority the Court used to hear Ex parte Garland in the first place.

And to my knowledge, there has never been a case that considers the President's ability to pardon for all possible crimes that could be filed related to some action. So if a subsequent President chooses to tack on a fourth crime to the list of three Snowden is currently charged with, a Trump pardon would likely not attach. At least, it would be up to the Court to decide if it attaches.

Re:Russia gives Edward Snowden permanent residency by advisedwang on Thursday October 22, 2020 @01:39PM (#24860748)
Nixon was pardoned without even being charged with a crime.
Re:Russia gives Edward Snowden permanent residency by shadowgovt on Thursday October 22, 2020 @02:09PM (#24861190)
And the Court never had occasion to rule whether that was sufficient because nobody after Ford tried to have him tried for his crimes.