Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Since a pardon is an executive order and since a president can rescind another's executive order, can a president rescind a prior pardon?

11 Answers

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  • Anonymous
    1 month ago

    Depends. A president can not pardon state crimes, and can not take a state pardon away. Drumpf is NOT king.

  • L
    Lv 4
    1 month ago

    NO.  A pardon is only rescinded ONCE.

  • Anonymous
    1 month ago

    No.

    The pardon stands.

  • 1 month ago

    A president rescinding an executive order of a previous president is exceedingly rare.  Overturning a president's executive order is quite rare - it takes place, usually, through court action, a lawsuit being filed and a federal district court making a ruling, and it can go all the way to SCOTUS. Or, a legislature can act, declaring that a president usurped the legislative branch's exclusive power, and crafting legislation to negate the executive order. It's rare. Legislatures usually don't object to executive orders. 

    One instance - in a case that is STILL not resolved:

    In 2012, Obama's executive order created DACA.  The intention was for there to be a permanent legislation, which has been called the 'Dream Act'.  Such legislation has still not passed but DACA remains in effect. In 2017, an executive order by Trump ruled DACA be phased out. Several lawsuits were filed and several federal district courts issued injunctions against Trump's rescission, because it was 'arbitrary and capricious' under another federal Act, while a federal judge in Texas said that DACA is likely unconstitutional, but allowed DACA to continue while the case is litigated. In June of this year, SCOTUS ruled against Trump on lifting those injunctions, but not on any Constitutional grounds, only on the grounds of the action being 'arbitrary and capricious', like the district courts said. SCOTUS did not rule on DACA and did not prevent the Trump administration from attempting rescission with a 'better rationale'.

    So, it can happen, it's just very rare, and other things usually take place that make rescinding a previous EO a moot point.

    In the case of a pardon - a pardon IS, technically, an executive order, and because it is, a pardon CAN technically be rescinded by a future president.  It has never happened and it will never happen. Common sense explains why.

    NO federal court would order a person be sent back to prison or be punished in some other way once they were pardoned by a previous president. A pardon does NOT remove a conviction from the record.  So the only point to rescinding a pardon would be to punish anew. NO court will do that.  That, in itself, would be seen as cruel and unusual - and unconstitutional.

    So, while it CAN happen, it will never happen.

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  • 1 month ago

    No they cannot.  A pardon is not the same as an executive order.

  • 1 month ago

    A pardon IS NOT an executive order. Pardons are an entirely separate power explicitly granted to the President.

  • Anonymous
    1 month ago

    No - because of the doctrine of estoppel based on reliance. Once the executive branch makes a legal representation of any kind, affected parties have a legal right to rely on that representation. Furthermore, the government cannot extend a legal right of any kind and then summarily take that right away absent due process. What that means is if a pardon were rescinded you'd have to have a new trial, which would then be prohibited by the double jeopardy clause.

  • 1 month ago

    A president can't rescind another President's executive order.  Therefor a President can't rescind a pardon.

  • 1 month ago

    i dont see why not

  • 1 month ago

    No.  And I don't think it's really correct to call them executive orders.

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