can everybody who is charged,or been convicted, be released citing this precedent? if not, why not?
2007-07-06 01:32:18 · 16 answers · asked by steve a 3 in Politics & Government ➔ Law & Ethics
thank you for your responses. i knew most of the points you brought up. i wanted to stimulate some dialogue on this and maybe provoke some thoughts. i am not an atty. or lobbyist, but i have changed some fed.,state,and local laws.
2007-07-06 12:33:15 · update #1
No. There is no precedence at all -- it's a pardon, not a legal decision.
2007-07-06 01:35:28 · answer #1 · answered by Matthew O 5 · 2⤊ 2⤋
Short Answer: His commutation (not the same as a pardon) can not create legal precedent since it was an executive action.
Had Libby been pardoned he would be cleared of all charges and obligations resulting from his sentence. However, president Bush merely commuted his sentence. That means his conviction stays on the record books. The commutation doesn't even effect the $250,000 fine imposed by the court, it only keeps him from serving the prison sentence portion of his punishment.
The president (executive) is given the power to pardon and commute sentences in the United States Constitution.
"can everybody who is charged,or been convicted, be released citing this precedent?"
Unless they can find a way to get the president to care about their case, no.
2007-07-06 01:40:33 · answer #2 · answered by jkaiseresquire 3 · 2⤊ 0⤋
Good morning Steve....Very good question...you know ever since I had heard on what our President had done by giving Scooter Libby a pardon to where he doesn't have to do prison time, I was shocked and so upset with our President because of his decision. This is showing us Americans that high officials and the rich and famous can sneak out of the judicial system without having to pay for their crimes. I'm not sure on the legal stand point when it comes to a pardon but I did hear that Scooter had already paid, his what 250,000.00 fine yesterday. LOL...what a joke! Now I guess, Scooter just needs to comply with his probation ruling....Another joke. Who's going to pardon President Bush if he gets impeached?...lol. let's face it folks, our dear President Bush is corrupting our government and making us people look like a bunch a fools and idiots.Have a great day!
2007-07-06 01:49:25 · answer #3 · answered by Anonymous · 1⤊ 1⤋
To start with, he wasn't pardoned--his sentence was commuted, which means the conviction still stands, and he still has to pay the fine, but Bush thought it was just too mean to let his buddy go to jail, since he'd gone through so much. Of course, no one else who goes through the legal system suffers, right?
No one else can petition the courts to be treated the way Libby was--he was sentenced by the court, and his sentence was not commuted by the court. The only person who could do that with a federal conviction is the president, and the only ones who can commute a state conviction are the president and the governor of that state. Plenty of people petition them, but they don't have any right to have it granted, and they can't appeal it if it isn't granted.
2007-07-06 01:45:37 · answer #4 · answered by cross-stitch kelly 7 · 1⤊ 0⤋
First off Libby was not pardoned. His jail time was removed. He is still a convicted felon and he still had to pay a quarter of a million dollar fine. No this does not set precedence. If pardons did set precedence the 140 or so pardons that Clinton gave out in his last days in office would have set a great many people free.
2007-07-06 01:37:09 · answer #5 · answered by Anonymous · 2⤊ 1⤋
First of all, he was not pardoned. Yet anyway.
Presidential intervention is not precedent to be cited. You cant force a president to take similar action on your behalf. So the answer to your question is a definite no.
However, while not precedent, it does speak volumes about the intention and lack of integrity of THIS president. If you are one of his cronies, you probably do have carte blanc to break any law at any time. Because he has basically stated that his friends will not pay the price for their crimes.
2007-07-06 01:37:54 · answer #6 · answered by Toodeemo 7 · 3⤊ 1⤋
No. "Precedence" are set in court cases.....not by presidents misuses of pardon authority.
btw: I'm getting sick of conservatives citing Clinton's pardon's......pay attention people....whether Clinton's pardons were wrong or not, Clinton is NOT THE CURRENT PRESIDENT. You can't excuse Bush's actions by invoking Clinton. By that logic we could excuse every bad thing anyone has ever done by referencing someone elses bad deed. So if everyone's guilty then nobody is guilty ?? Right ?...WROnG ! This is the type of stuff that needs to be explained to children....grow up ppl.
2007-07-06 01:44:38 · answer #7 · answered by Anonymous · 1⤊ 1⤋
No. Pardons do not provide precedence.
If I were an inmate, currently serving a sentence (which I'm not), I would probably get out a pencil & paper, and write the President a letter, asking for my sentence to be commuted too.
2007-07-06 01:39:48 · answer #8 · answered by amg503 7 · 2⤊ 0⤋
No
The executive power that the president used to commute Scooter Libby's term is at the discretion of the President and the President only. It does not set any legal precedent, and can not be used in the court of law.
___EDITED____
How come I get a thumbs down for this post lol? Sometimes I don't understand people. This is the answer, it is accurate, it is what he wanted...and yet I get a thumbs down from someone? We live in one wierd, wierd world I tell you what.
Perhaps if I did a backflip or something at the end of the post.
2007-07-06 01:37:27 · answer #9 · answered by Anonymous · 2⤊ 2⤋
The truth is no one in the legal system knows what this means. The judge doesn't even know how to rule on his probation. Of course all the lawyers and Judges are appointed by Bush. This could still backfire.
2007-07-06 01:44:08 · answer #10 · answered by Enigma 6 · 1⤊ 0⤋
Only if you work for someone who can pardon you!
Btw, libby has already been pardoned, it just won't take effect until the day before bush leaves office.
2007-07-06 01:41:07 · answer #11 · answered by Monk 4 · 2⤊ 0⤋