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    superchuck500

    superchuck500

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    Seems like we might need a thread for this.

    Granted: Michael Flynn (pardoned for 'any and all possible offenses' arising from or related to the criminal case against him and anything within the scope of the Mueller investigation).




     
    SoggyBottomBoy said:
    Why would he want to pardon the insurrectionists? Since they are Antifa disguised as MAGAs, he should want them tracked down and prosecuted. The pathetic "it wasn't us, it was them" alibi has some fundamental flaws.
    Click to expand...

    Well, he could say, "you see, I was nice to the Antifa folks too. I'm a nice guy. They're terrible people, but I had to be nice at least this one time." Yeah, that'll happen.
     
    superchuck500 said:
    I don’t think he can do it in secret. It’s a federal record and it isn’t subject to any sort of clearance protocol that I know of.
    Click to expand...

    From what I've been reading and hearing on the networks, it doesn't have to be announced unless it's used. So, for example, if Trump is never charged with a federal crime, it doesn't have to be announced (the proverbial Get Out of Jail free card).

    :idunno:
     
    GrandAdmiral said:
    From what I've been reading and hearing on the networks, it doesn't have to be announced unless it's used. So, for example, if Trump is never charged with a federal crime, it doesn't have to be announced (the proverbial Get Out of Jail free card).

    :idunno:
    Click to expand...

    I don't see how that's possible. When the president takes action, it is documented under under the Presidential Records Act.

    Though enforcement of the act isn't really clear or helpful, at minimum, I would think that the failure of the White House to record a pardon (any pardon) under applicable records law would expose the use of the act to attack for being illegitimate.

    Seems like a foolish way to try to execute a pardon.


    www.archives.gov

    Presidential Records Act (PRA) of 1978

    The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of...
    www.archives.gov www.archives.gov

    thehill.com

    Enforcing the Presidential Records Act is essential for preserving our democracy’s transparency, history

    As one of the three branches of government, Congress was entrusted with the responsibility of serving as a watchdog over the executive branch, especially when a president resists accountability. No…
    thehill.com thehill.com
     
    superchuck500 said:
    I don't see how that's possible. When the president takes action, it is documented under under the Presidential Records Act.

    Though enforcement of the act isn't really clear or helpful, at minimum, I would think that the failure of the White House to record a pardon (any pardon) under applicable records law would expose the use of the act to attack for being illegitimate.

    Seems like a foolish way to try to execute a pardon.


    www.archives.gov

    Presidential Records Act (PRA) of 1978

    The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of...
    www.archives.gov www.archives.gov

    thehill.com

    Enforcing the Presidential Records Act is essential for preserving our democracy’s transparency, history

    As one of the three branches of government, Congress was entrusted with the responsibility of serving as a watchdog over the executive branch, especially when a president resists accountability. No…
    thehill.com thehill.com
    Click to expand...

    Damn talking heads...
     
    superchuck500 said:
    I don't see how that's possible. When the president takes action, it is documented under under the Presidential Records Act.

    Though enforcement of the act isn't really clear or helpful, at minimum, I would think that the failure of the White House to record a pardon (any pardon) under applicable records law would expose the use of the act to attack for being illegitimate.

    Seems like a foolish way to try to execute a pardon.


    www.archives.gov

    Presidential Records Act (PRA) of 1978

    The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of...
    www.archives.gov www.archives.gov

    thehill.com

    Enforcing the Presidential Records Act is essential for preserving our democracy’s transparency, history

    As one of the three branches of government, Congress was entrusted with the responsibility of serving as a watchdog over the executive branch, especially when a president resists accountability. No…
    thehill.com thehill.com
    Click to expand...

    Here is Neal Katyal's take and it seems to be on the same track - Trump may sign pardons that the Trump White House doesn't announce. But as presidential acts, they cannot be kept secret within the government, and because they are not classified, the Biden administration could simply chose to make them public.


     
    superchuck500 said:
    Here is Neal Katyal's take and it seems to be on the same track - Trump may sign pardons that the Trump White House doesn't announce. But as presidential acts, they cannot be kept secret within the government, and because they are not classified, the Biden administration could simply chose to make them public.


    Click to expand...

    If not announced... can they be.. ummm.. misplaced and lost?

    Oops.
     
    superchuck500 said:
    I don't see how that's possible. When the president takes action, it is documented under under the Presidential Records Act.

    Though enforcement of the act isn't really clear or helpful, at minimum, I would think that the failure of the White House to record a pardon (any pardon) under applicable records law would expose the use of the act to attack for being illegitimate.

    Seems like a foolish way to try to execute a pardon.


    www.archives.gov

    Presidential Records Act (PRA) of 1978

    The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of...
    www.archives.gov www.archives.gov

    thehill.com

    Enforcing the Presidential Records Act is essential for preserving our democracy’s transparency, history

    As one of the three branches of government, Congress was entrusted with the responsibility of serving as a watchdog over the executive branch, especially when a president resists accountability. No…
    thehill.com thehill.com
    Click to expand...
    I was listening to Dan Abrahms and later Laura Coates on Sirius, and both said that presidents can keep pardons a secret while president, but it has to be recorded, so the next president can publicize it. If that's the case, then I think that is another reform that is needed. All pardons should be required to be made public prior to presidential election day.
     
    Lapaz said:
    I was listening to Dan Abrahms and later Laura Coates on Sirius, and both said that presidents can keep pardons a secret while president, but it has to be recorded, so the next president can publicize it. If that's the case, then I think that is another reform that is needed. All pardons should be required to be made public prior to presidential election day.
    Click to expand...

    I love Laura Coates. She's one of the few people Alex Trebek said he wanted to replace him as host of Jeopardy.
     
    Lapaz said:
    I was listening to Dan Abrahms and later Laura Coates on Sirius, and both said that presidents can keep pardons a secret while president, but it has to be recorded, so the next president can publicize it. If that's the case, then I think that is another reform that is needed. All pardons should be required to be made public prior to presidential election day.
    Click to expand...

    I don't see any reason why we couldn't legislate that pardons must be published. It wouldn't materially infringed on the power and where the Constitution is otherwise silent on ancillary issues, I don't see why that kind of law would be unconstitutional.

    I'd like to see something along the lines of all presidential pardons must be published within five days of their being signed.
     

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