News for hackers. Stuff that matters.

A comment on Posthumously pardon Aaron Swartz. Parent comment

Re:Posthumously pardon Aaron Swartz by scothis on Saturday January 12, 2013 @11:56PM (#5050017)
That's not what the Constitution says. The presidential pardon power isn't limited by this situation. The President is the only one who can decide who get's pardoned and under what circumstances (except for cases of impeachment).

From the source: [the President] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

http://www.law.cornell.edu/constitution/articleii#section2

It's fair to argue that there is no precedent, but that just means it hasn't happened before, not that it cannot happen.

[ Parent | on HN ]
Re:Posthumously pardon Aaron Swartz by techsupporter on Sunday January 13, 2013 @03:25AM (#5050296)
"Acceptance, as well as delivery, of a pardon is essential to its validity; if rejected by the person to whom it is tendered, the court has no power to force it on him. [...]

There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it [...].

The facts, which involve the effect of a pardon of the President of the United States tendered to one who has not been convicted of a crime nor admitted the commission thereof, and also the necessity of acceptance of a pardon in order to make it effective are stated in the opinion."

- Burduck v. United States, 236 US 79 (1915), Supreme Court of the United States, internal citations and quotes omitted.

https://supreme.justia.com/cases/federal/us/236/79/case.html

[ Parent | on HN ]