sunset from behind the wire

sunset from behind the wire

Saturday, November 19, 2016

Pardoning Hillary

There are problems associated with any pardon of Hillary Clinton. Those actual (and jailhouse) lawyers who visit the blog may wish to weigh in with your opinions.

There are many violations of USC that we are aware of, but she has not been charged.  Each one of those violations would need to be laid out in a pardoning document along with the time period in which the crimes took place and a factual basis must be presented (think of an 'Albert plea').  

A presidential pardon is not blanket forgiveness, thus if Hillary committed acts of treason, for example, since she hasn't been charged with treason, the document would allege treason and she would be pardoned for it.

If the pardon misses something, she can still be prosecuted. 

Enter the Clinton Foundation, which remains under investigation. A pardon would surely have to include acts committed in connection with the foundation and the implications would have some far reaching ripples for those souls not important enough to receive Presidential clemency. The tax liability alone would keep a hundred IRS agents busy for the next four years at least even if Hillary herself received a pass. The pardon would present a road map for investigators to follow to round up the coterie of Clinton associates and would inevitably lead to their prosecution with Hillary as a witness. They may also rope Barack in as a witness or possibly in some cases as a co-defendant. We don't know at this point.

And what about Slick Willy? Would Barack pardon him too? And Huma Weiner - clemency or not? If he pardoned Huma Weiner, what about disgraced congressman and pedophile, Anthony Weiner?

Very messy.

Barack is keenly aware of his legacy, which doesn't amount to much at this point. A Hillary pardon would be one of those documents so vast in its bulk and so extensive in its detail, that it would shame him now and through history. Thus I don't think that he will do that before he leaves office.

32 comments:

  1. I say lock her up. She is guilty of so many felonies, so many. Barry's dirty, too, and up to his eyeballs in malfeasance in connection with the old crone. I think nice, fairy tale legacies of Barry bringing the country back from the brink of a depression are not going to happen.

    He will be forever remembered as a dirty president. Does anybody ever remember OJ Simpson who was the first to rush for 2000 yards in a single year in the NFL? That he won the Heisman Trophy? Nah, nobody remembers any of that. They remember his slow speed chase on the 405 in the white Bronco, and his double murder of Ron Brown and Nicole Simpson.

    Ditto with Barry. He'll be forever remembered as the shitty president who let Hillary run roughshod over the handling of our most dangerous secrets, and facilitated her malfeasance and skulduggery as she sold off our national interests to make a few ill-gotten bucks.

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    1. A jury pardoned OJ.

      Obama, once out of office would have to stand trial in the usual way. With media coverage, could he get a fair trial (an impartial jury)? The issue is the same with Hillary. I may make an appeal for a trial court to select commenters from this blog to serve on Hillary's jury. You can be the foreman, Fredd. Remember, don't hand down the guilty verdict until after the prosecution rests.

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    2. As Montgomery Burns would say, 'exxxxx-celent.' My fellow jurists, Grunt, Adrienne, Rip, well, they will be clamouring for the death penalty, and insist on the guillotine. My kind of jury.

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    3. You may have difficulty deciding on the METHOD of execution. Euripides would say (as is often heard in Arizona), "Hanging is too good for 'em."

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    4. I agree with Fredd. Lock. Her. Up.

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  2. Barack may pardon her for federal crimes, but not for crimes that she committed that violate state statutes. Th Clinton Foundation has offices in New York City and Little Rock Arkansas. I don't know if NY's AG will go after them - I doubt that Baby Doc Cuomo will allow that. Arkansas? Might could be; may depend on whether or not the prosecuting state smells money or some political advantage.

    I'd do it just to see those crows feet around her eyes melt into her jowls.

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    1. We need to get some Clinton foundation crime that occurred in Oklahoma. I'm sure they'd be fair.

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  3. I'm still confused on pardoning someone who hasn't been charged or convicted of a crime. What am I missing?

    I read somewhere about some sort of blanket pardon including future crimes. That's sounds ludicrous to me.

    I think the Trump Justice Dept. will go after the Foundation based on RICO.

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    1. There is a mechanism in federal law (so-called "Albert plea") that allows the defendant to plea guilty to a crime based on a factual basis presented without prosecutorial involvement. My sense is that she'd plea guilty to thousands of counts of hundreds of statutes, and then be pardoned -- if the government went down that road.

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    2. Is that the same as an Alford Plea? I can't see her doing that.

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    3. Neither can I but that's how it would have to work since she hasn't been charged. I don't know why I wrote Albert plea. But I did.

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  4. The whole idea of a Hillary pardon is ludicrous. Since the progs have insisted all along that Hillary did nothing wrong, then there's nothing for Obama to pardon. If, however, as I suspect, the progs know full well that Hillary broke several laws, then we run into the scenario you outlined so well.

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    1. I don't think that Barack will pardon her. Trump said on 60 Minutes that he wasn't interested in going after the e-mail scandal. He never said anything about the Clinton Foundation.

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    2. He should go after the Clinton Foundation. Drop the email stuff. No one's interested in how many state secrets Hillary let Weiner have.

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    3. Actually I am, and were I the lord high executioner, I'd imprison her in a dungeon for that, but you're right. The population doesn't understand and doesn't care.

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    4. I think only people with common sense, or a military background that came before all the pansies, understand AND care. But as we are nobody, we will never know.

      I keep reminding myself that she may get away with a lot now; but there is one Judge that she will not sway, short of her admitting her sins and asking forgiveness before she dies.

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    5. That judge will likely be merciful, as with us all. But I think it unlikely that she will lower herself to ask for forgiveness.

      As with the camel that had to be unladened and led through the "eye of the needle" into the City of Jerusalem - the rich are seldom humble enough to find their way.

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  5. All over my head. In general, I think people should be prosecuted for their crimes if only for the deterrent effect on others.

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  6. Pardon? Pardon hell, go for the death penalty.

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    1. WoFat lives in Alabama where the electric chair cooks 'em regular or extra crispy. mMMM Mmmmm good.

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    2. Here Bingo, hold this, ZZZZZZZZZZZZZZZZZZZZit.

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  7. I'm no lawyer, and can't comment with any knowledge at all, really. But from my village idiot point of view, it does seem that a pardon is unthinkable for charges that don't exist. (yet) Just imagine the comedic aspect of a pardon for Bill for any projected future charges related to sexual monkey business.

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    1. The Clintons and their flying monkeys have a lot to worry about.

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  8. I'm sure there will be some loop hole that means she "Gets Away With It"

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    1. Maybe - but I think that she'll be held to account unless she croaks first. And when you think of the people that she could testify against to try and save her own skin, that may be sooner than later.

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  9. Gotta agree with WoFat... And get ALL the minions and other players too!

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  10. Trump ran on putting her in jail. However, as hubby explained and as I have read many places, I understand why that should be put in the back burner. Trump has more important things to do and can give this to someone else to handle, should he want to.

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    1. It would be poetic justice to see her in an orange jumpsuit, though.

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  11. ...as to the pardon thing Ford pardoned Nixon for any wrongdoings, so....

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