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How can the past I'm editor candies kept enjoying? I satisfied her charge choir hydride hiking on a pardon year. No, actually, I was trying to laugh Jerry notices here. She she went three to what is coming to the producer. Jerry just did that we love her. Yes, I can already young and don't make the heart symbol come. I was reading a pardon watch. We heard it is I had neither actually, I was actually preparing for this podcast, because I that I was needing to hydrate my skin, a little more, which means thing: it's getting to be pardoned season. Yeah apparently pardons come hardened. Asked most in the year late for early winner presents files,

I'm really yeah. Well, that's when they come the most traditionally I mean a president can offer a pardon any time of the year. We usually there done in the fall and the most come at the end of a presidency. Turn like you, said, right, To me you know its October you're walking through Bloomingdale's the Christmas trees, rob and yours about you had a season of forgiveness, actually turn away suspected. That does have a little something to do with it. To tell you the truth: so I was trying to figure out who George Bush might forgive her offer the season of forgiveness to this year, me. Why house dont know if nothing was around this list. This assertion empty, we'll blog, which again hidden her Until I started googling a pardon predictions which is my favorite things, to do not less

They had some pretty good ones. On there, there were some that were were fairly obvious, one for Carl Rove, which we just cannot be a blanket pardon for anything he might be convicted of in the future. Scooter Livy was one, although without any part an owner of we'll get into their wisdom is a great example, because he is a good example of what can can't be done. Guns, Alice, obviously Rumsfeld was, in addition, somebody posted a comma instead Rumsfeld, not Abraham, off and the reason that the person who predicted dumb of whether or not he these people would be pardoned said because Avram offers a snitch, so didn't think data that George Bush will play ball with em off, but they do think he'll play ball with Roger Climate yeah? Maybe they were seriously so that they think Clemens may get a pardon from Bush because pushes the baseball guy he's to be the year. I think that

the managing owner of the Texas Rangers for awhile. Did you know that I didn't I faced me so on this? Is these are just a few people who we may see get pardons in the future and a funny thing I don't know if it's funny, but a funny in that it, it's kind of strange there's a lot of moving pieces to pardon and on it simple level, it's when president excuses, one for an affront to the United States, its never for a low pull crime, a state crime. Anything like that. It has to be to United States as a whole, and you can apply for a pardon apparently like they get applications for pardons and, and in eighty, there was even opposition formed for someone who would review the pardons and research the person and see if he or she than an upstairs set aside until this point and help inform the president about whether or not this person deserved a pardon and a pardon is. It is growing exclusively by the president,

it's something that Congress can't override. I, it is actually in go to section to the constitution and- that wasn't an amendment now and written the constitution. Here is what it says: the presidential have the power to grant reprieved and pardons for offences against the United States, accept and here's the big, except in cases of impeachment and without checks and balances. Here too the president himself or herself can be impeached here, he cannot pardoned someone. Who's impeached doesn't make sense yeah it does is actually the Congress and come up with the impeachment part. The whole thing goes back to. English common law prerogative, english kings. Yes, the english kings originally had the power to pardon anybody. Anything at any time no questions asked really somebody from jail. They can keep their head off. The chopping block Finally, I think in the seventeenth and eighteenth century parliament was a

the financial their way in making that one imposition that you go, a pardon doesn't have any effect on on. An active impeachment that happened during King Charles the seconds rain, and this was a model for the framers of the constitution and it really split the fur farmers and Hoss Ino, ideologically, because some of them thought that America was based on the principle of being a friend from a monarchy. Another president shouldn't have the sort of power alike. King and George Maize, and was one of the staunch opponents. On the other hand, and your Hamilton was one of the staunch advocates embarrassment. I wasn't better. The Hamilton was just you know some wacky to all future presidents. He had a really good reason and in he argued in the federalists papers number. Seventy four. I any says that It's a great idea to have pardoned because that power could actually be used to well rebellion insurrection on a map.

The scale by any event of a national crisis, and ironically enough just after one, and came into power I think, and seventeen. For he had to issue. A presidential pardon to farmers had been a part of the instruction, whiskey rebellion and there is a huge tax levied on corn crops and these four revolted against this tax and basic it was a rebellion there. They were armed and they were not happy at all and why, ten basically negotiated an endless rebellion by saying, look you guys go back to your farms. Will talk about the text and I'm not entirely certain what happened with the tax. But if you guys in your arms and go back to life as farmers will forget this whole thing, happened, any did it by issuing a pardon and it worked as well, and that turns me on my site got a conditional pardon and that's when you agree a pardon someone, but you get something in return and

We, someone actually falls under the more general blanket of clemency. There's a couple of different pieces to this as well, so we ve got Commutation, a pardon conditional pardon remission and respite mutation is what George Bush did for Scooter Levy, which is why he would still be eligible for pardon commutation his clique, shortening a sentence, doing away fine there there any sentence has been levied against you so long as it was levied by a federal court can be commuted. Oh, I see you in jail offered. You yourself ten years and the President commuter sentenced to five to serve of yours and then after that you're out- and this also happen in the case of Patty Hearst as well Back Nineteenth- This is the grand daughter of the publishing magnates William her. And she got caught up with called and supposedly was brainwashing convinced to go, and I condemn this huge bank robbery and her

was commuter bigamy Carter. I think what does she serve like too? ten years or seven of ten years, that I believe so, sir. You Carter commuted her sentence and then later on, he talk to President Clinton into issuing a full pardon which he did so yeah, petty The pretty famous example there there's. So that was also a commutation and pardon the big distinction between a computational pardon is if a sentence commuted. You may be release from prison or something like that, but we still had out I'm right as if somebody looks up your records, they find that you are a convicted fell in with a pardon. It basically restores you to this day, grace that you enjoyed right for you committed that crime, which means you convey, you can turn on Jerry. Do they can own afar economic firearm, full five citizens, your civil abilities are restored feminist degreaser and foot. There goes actually a guy. The Bush pardoned in two thousand seven, who

been running a as some sort of big gambling outfit and the feds broke it up on Superbowl, Sunday. Ninety ninety seven or something like that and he was issued a pardon and he said in the end In our view, the reason he saw a pardons conceded Manas grandkids did know that he'd been Phelan so now, if they ever got their granddad, it won't come off unless they happened to pull up this Washington hosts to hurry and they say I'm kinda was Phelan Mahabharata. So, let's break down the other types and the conditional pardon me touched on that. That's when the president issues apart, but ass, for something in return, for example, would be Teddy Roosevelt when he pardoned on the Philippines, for an uprising he said will forgive year for Europe, the two United States, but you have to swear regions and loyalty- and this is back in the Philippines, Where- U S, territory right.

That begins knows well. What are we doing down there swedes other going? What are you tired? Okay? So now we have remission- and this is my up is released from some sort of legal obligation like a fine. Yes, it is specifically a fine, yes and then the lifeline respite. Yet this is temporary. It can last for like a month or two, and could be used to say to taken were intensive investigation. Maybe others it there's a good person who love are a good example. I should say, as somebody who deserves respite Troy Davis. Yeah. Very recent news story near here: let's be executed in Atlanta here, was accused of shooting a cab. Many many years ago and apparently, over the years. Ninety percent of the witnesses, or some me in some huge percentage of the eye witnesses recanted their testimony-

different versions, each time, apparently a guy who was their head allegedly confess to being the one shot at the cop, so he was on death row in they just recently he was granted respite. I believe he is within hours of his execution time. Yeah yeah, Ansel raspberry. Something buys time might decide said that you can research and decide whether or not a pardon is merited saluted. Does different kinds of part yeah and if you are still with us, after all of that weaker wake up, here's org did you say it a couple of weeks ago. Another pod cast about I Whether or not the electoral college decides the vote more. If we decide to vote- and this is a hot but an issue, because some people say that we should amend the constitution to disband the draw cars and let the people decide well.

Congress, has also a couple of times thought about introducing bills to overturn the presidential pardon and because has written to the constitution can be along and sticky pathos, but so far it known these bells of made it through to certain stages in the members held water bites, because the government has three different branches. We legislative, judicial and executive, and because only the president had of the executive branch can issue pardons there's some funny business going on with the executive branch and someone's call to testify before Congress. The person you now can choose to waffle back and forth are not really testify or not show up. Suppose it lay until tat came in and fix that Yet this is weird. Unless let's get to affect your fiction, part is a factor fix but there's nothing. Anybody can do about a presidential, pardon, that's easy fiction,

someone, so what can be done? Okay. So, like your surprise, you know as well as idea, what's going on, at least in say things remember for clearing out. I'm tired came and essentially he was the one who said you can't pardoned someone who's in contempt so that the czech and balance there, if something's happening with the executive branch of witnesses, com and testify they're bound constitutionally to testify before Congress and if they don't their heart and contempt, and the president also the executive branch cannot pardon that person now and also because this risk out of the clarification that pardons could on be used for France to the federal government, so Congress, I guess it was argued, is kind of exempt from that. So it can be an affront to Congress,

contempt being held in contempt by Congress outside of that that pardon power yeah. Actually, you know that Congress actually has a little jailhouse behind Thea each of them Each of the chamber's Meda is aware, can, if your Helen contempt they can take. You write off the floor and hold you indefinitely against. Your will be imprisoned by the members of Congress until you're ready to talk even wearing United rocks Patterson exactly how to best. No more worrying Nathan's leave you at your deal, and so, if Congress hold you in content, all of a sudden, you may be compelled to testify against a crook. President, or something like that, so either the when it came to say about this, I'm just gonna Great Europe right now and there's nothing there,

do about it. Actually, they can't they can hold you in contempt for not testifying and then you're in big trouble. So this was a big check, imbalance that actually, like you said William Howard, Taft elucidated as the chief justice of the Supreme Court. As I run it is. It TAT had been present in eleven years before any basically rule against this power of the present a year, and I think that's a pretty smart move and who better than Taft, who had been president to suggest us, because he knew how powerful the president can be so civil cell. So so you gotta see this contempt clause basically taken our added to the the understanding of impeachment That's why we're seeing today, with the whole attorney general firing scandal going on you're, not seeing pardons being issued hard

fast you're, seeing on executive privilege cited actually, which that's that's pretty much. The reason why well, when it comes to pardons it's interesting to look at here, is granted the merest whose granted the leaf agreed dinner, who granted the most and EVA the article I do after your yeah, and it with a being three thousand six hundred eighty seven in mind. He did serve three times he did, but there was still a thousand pardons more the next highest guy and pretty recently Clinton Granite, four hundred fifty nine and he served to term. He had some scandalous, pardons he pardon mark Rich, who was the Ex husband of one of his big donors, Denise Rich for tax evasion to the tune of fifty million bucks. He was very much criticized for that. He was also criticized for pardoning his own brother, Roger. You know that yeah Roger been convicted of cocaine,

fusion in the eightys. The thing is an inn Clinton in President Clinton's defence Roger served. His full term paid off, fines and had been out of prison in like living a normal life for many many years by the time he was actually pardon and that's early customary when you're pardoned computations are very rare winds. Levies sentence was treated before he even served. A single can in jail lot of the analysis of the end in people did some research and found that that is not common thing at all: pardons usually come at some point years after the cry after the sentence has been carried out and fines of unpaid restitution has been and the person's tried to serving early an exemplary life since then that kind of thing. One of the reasons for that is that, even if there is one thing that we can do about presidential pardon, we can certainly vote. I definitely and because we have freedom of the press in, we can quickly disseminate that anger toward the present

so especially now, where their office is created to research who deserves pardons. There's plenty of information available on we should get it shouldn't get it. We all know the president knows and again can't be returned, but he can be reamed publicly for He can be both. You know if you think about it. America, these days, we don't burner things in Gee, you know higher is isn't stoked easily enough, isn't like Poland or anything like that. You know where you live, government does something the irc everybody they're gonna. No in the streets, pretty quick and now, when I drive towards defining an yesterday, I saw a little old lady walking around at the scene, which port on that on said something to the tune of. I don't know: taxes, blah blah, while clearly made a real impact. Is writing so fast? I can really Tavis you with. Bending her iron's lie on another thing about

We should mention aside from public ire as that, and I don't think this happens very frequently, but a pardon is an official if the person being pardoned doesn't, except at other, that used to be the rule. Like you, the green tea, the person being pardoned had to say on great thing. Want this and then I think it was Coolidge Kelvin Coolidge! Ok, I can only support is basically there was a guy. Yes, this is the real before cool and then Coolidge Pardon a guy who didn't leave jail and Coolidge thrown out. He told the warden to lock the door behind him and the guy Thirdly, jail, whether we like it or not, clearly been institutionalized her. The food was really good in the jail he'd been in, but that cannot alter the rule little bed nets canna. How pardons have existed and justified on Croatia's, because I dont think people now how cool college really wise. I love this man who is really a very powerful man. A few words are number when he was a fairy

action at all. Remember like I was there and for the first time, but apparently you is pretty popular and people to run again, and he took the stage for this big speech. People thought maybe he would announce he was running again. People thought maybe you'd offer some sort of grand good bye. He approaches the MIKE and he says I choose not to run for reelection exit saved left over it's cool customer indeed that Coolidge customer anyway, that's. It can't say one last thing, of course: little Pardon scandal, Tibet, you know Lincoln that he actually, he pardoned a guy who was convicted of attempted based reality and his defenceless. He's such a stand up guy in all other aspects of his character and end that he'd been drunk and during the time in question. So he was

by Abraham Lincoln Aircraft wasted. I dont get away with guys guys anyway, if you want to learn even more about presidential pardon, please read how presidential pardon worth that works. Dot com for more on this and thousands of other topics that how stuff works, dot com? What is no, what you think send an email to podcast at Housetop work, This is Danny Shapiro Post of the hit cast family secrets. I hope you'll join us for some incredible conversations about family identity and what happens to both when the secrets that have been kept from us and the secret

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