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View Diary: Pardon Me? (146 comments)

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  •  Pardons are final. (0+ / 0-)

    As I understand it, they cannot be revoked by another president.

    •  My guess is that Bushco (1+ / 0-)
      Recommended by:
      Jeff Y

      wants that set in legal stone.

      As far as I understand it, and I'm no lawyer, the power of the pardon is really the ONLY Presidential power that the founders intended to be absolute. (except in cases of impeachment, see Article II, Sec. 2)

      "It's never too late to have a happy childhood" - Tom Robbins

      by ARS on Thu Dec 25, 2008 at 07:59:39 AM PST

      [ Parent ]

    •  Josh Marshall has a couple of comments (1+ / 0-)
      Recommended by:
      lysias

      Late Update: Or maybe not. A knowledge says there's an 1869 case (in re Du Puy) that holds that the president can take back the pardon as long as it hasn't been delivered to the grantee. A quick read of this suggests that this decision binding. That's an old legal text citing this case to argue what I've italicized in this quote: "A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance, and a pardon by an outgoing President may be revoked by his successor before delivery."

      Late Late Update: A reader passes on some new information suggesting that Du Puy may no longer be the operative precedent in this case and that the Toussie pardon is not revocable. But there are limits on the hours even I'm willing to keep. So this will have to wait for tomorrow -- jmm, 12/24/08, 11:22 PM.

      Read his whole post here:  http://www.talkingpointsmemo.com/...

      Looks like some litigation on the horizon.

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