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In cases where a president has not been chosen by January 20 or the president-elect "fails to qualify," the vice president-elect becomes acting president on January 20 until there is a qualified president. If the president-elect dies before noon January 20, the Twentieth Amendment states the vice president-elect becomes president.
If a presidential candidate is indicted and convicted and ALSO elected President, would they be able to pardon them-self?
Note also that the sitting President has the unquestionable power to prevent his or her own prosecution, as he can simply order the Attorney General to not pursue the prosecution or to drop the charges, and he can also order the Attorney General to fail to enforce any sentence imposed.
This would seem to be a failure to "faithfully execute the laws", but there is already a remedy for that: impeachment. Being convicted of a felony is not a disqualification for the office of President, so even if convicted the President (or President-Elect) could continue to hold (or assume) office.
However, pardon does not prevent impeachment (either under the common law, due to the Settlement Act of 1701, or under the power granted to the Executive in the Constitution), and our felonious executive officer could still be removed on that basis.
originally posted by: IAMTAT
So if an elected Presidential candidate is pardoned after the election (Nov.8) and before Inauguration Day (Jan. 20) while the old President is still in power...Nothing happens to them?
Do they still retain their security clearance?
Do they have to step down...and their V.P. takes over after Jan. 20?
Presidential pardons can be granted anytime after an offense has been committed including before, during, or after a conviction for the offense. If granted before a conviction is given, it prevents any penalties from attaching to the person. If granted after a conviction, it removes the penalties, and restores the person to all his or her civil rights. However, a pardon can never be granted before an offense has been committed – because the president does not have the power to waive the laws.
originally posted by: Xcathdra
a reply to: queenofswords
Yeah my mistake.. The DOJ requires a person wait 5 years after conviction before applying for a pardon (although the President can skip that part). Apparently a pardon requires the person to admit their criminal wrong doing before its applied (which seems odd but makes sense).
Granting a pardon to Clinton before anything is done would not be a good idea as it would scream politics.
You are correct so my apologies.
Surely The People would not elect her after all that, but her diehard supporters don't seem to care.
originally posted by: RickinVa
a reply to: jadedANDcynical
What I wonder is this... if she is somehow elected.... what would the military do? How do military brass enforce any kind of regulations concerning classified information if she walks from this?
There is a lot more to this than meets the proverbial eye.
At every security interview for a clearance, do they inform people that they can be punished and imprisoned for mishandling of classified information, unless your name is Hillary Clinton?
Do they pardon Clinton and leave all the little fish to fend for themselves?