Law Prof Asks: Should Obama Pardon Hillary?
Impeachment is an executive/adminstrative function, not criminal. I do not believe that pardon would change the ability of Congress to impeach. Also, why would Obama prospectively pardon Clinton, she can self pardon, just as Nixon could have . . . if pardon would work, but because the US Constitution provides for both pardon, and impeachment, it would seem the pardon could not alter Congresses ability to impeach, or the impeachment clause would be irrelevant. No, impeachment should be unaffected by pardon, thus, if Hillary is elected, even if Obama, or she were to give her a pardon, it would not likely change the process or outcome. I suspect that a Clinton Presidency will be fraught with serious, and constant calls for special prosecutors to investigate the myriad criminal corruption scandals which are continually boiling to the surface around the Clintons. I am unamused that we are actually contemplating another go with the First Family of Corruption. "It does not take much clairvoyance to predict that Clinton's most strident opponents may seek to extend the use criminal investigations as a political tactic to undermine her presidency if she wins the election next week. That prospect triggers a startling idea: Should President Barack Obama simply pardon Clinton if she wins the election?" The President is immune from criminal sanctions while sitting as President. "A presidential pardon could short circuit some of this maneuvering. The Constitution gives the president the power "to grant reprieves and pardons for offenses against the United States," and it could be used here. The public is aware of the allegations against Clinton, yet she has continued to lead in election polls. If voters choose her for the presidency, their decision that the allegations are not disqualifying deserves respect. A presidential pardon could ratify that assessment. But what if a "smoking gun" eventually emerged? The president's pardon power has a major exception. He cannot immunize anyone from impeachment or removal from office. Congress has the exclusive power over those important proceedings. They would remain options in the event that compelling evidence of a crime ultimately did emerge against Clinton, however unlikely that may seem." So, he really seems to be worried that Hillary's own administration will investigate her for criminal sanctions, which could not be brought until she steps down?! I don't get it. Pardon would very likely trigger a massive public flood of all of the evidence held by the FBI, and other agencies, as angry agents leaked the information. The leaky barge that is the federal government would like turn into a sieve, leaking all of the available information, and quite quickly. So, how would pardon help? That would clearly, hamstring, and like immediately lame duck a Hillary Presidency. "Obviously, there are major disincentives to the issuance of a pardon here. Obama surely has little desire to have such an intensely controversial act become part of his legacy. Clinton would also have little interest in kicking off a presidency with a pardon, particularly since a pardon is an admission of guilt." Well, she is guilty, and clearly guilty. Any low level military personnel who treated classified information the way Hillary did would be in prison for more than 5 years. She routinely mishandled this information, sent it to unsecured email addresses, even to her daughter, and her maid, for God's sake. "There seems to be no real evidence of a prosecutable crime here, but it is worth considering whether a prophylactic pardon might not be in the best interests of the nation. It could restrict future fights over these matters to the political venue, where they probably belong." A law professor saying this on the evidence we know today, is either lying, or simply a Hillary sycophant. I will go with the latter. But it does not mean there really was no prosecutable crime, there were myriad prosecutable crimes, and Hillary should have been indicted, and stood trial, just as any member of the armed forced would have should he have done what Hillary did. I look forward to the Obama pardon of Hillary, he has made such a hash of everything else he has touched, I can only imagine he will turn this into a mess as well.
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