Can the President Revoke a Pardon?

This article explores the complex and nuanced issues surrounding the revocation of a presidential pardon. It discusses the legal principles, constitutional implications, and practical challenges involved.

Introduction

A pardon is a formal forgiveness granted by a government authority, typically the President in the United States. While a pardon can significantly impact an individual's legal standing and futures, one key question remains: can the President revoke a pardon once issued?

Theoretical Considerations

From a theoretical standpoint, a pardon is not final until it has been accepted by the intended recipient. In this initial phase, there are circumstances under which the pardon could potentially be rescinded. However, once an individual accepts a pardon, it becomes binding and cannot be undone.

Legal and Constitutional Context

The United States Constitution does not provide specific guidelines or avenues for revoking a pardon. Historically, no president has ever attempted to rescind a pardon, leading to the assumption that it is a final decision. The Constitution grants the President the power to grant pardons, but it does not explicitly state that this power can be withdrawn.

Supreme Court's Role

In situations where a pardon is granted, the Supreme Court would likely intervene if the recipient were to commit a new crime. The double jeopardy clause of the Fifth Amendment prevents the government from trying a person for the same crime twice, so revoking a pardon to retry a person would be highly unlikely and potentially unconstitutional.

Practical Considerations

Even if theoretically possible, revoking a pardon faces significant practical challenges. The Department of Justice (DOJ), the legislative branch, and the courts would all likely oppose such an action. The DOJ, for example, would need to go to court to release a person wrongfully imprisoned, illustrating the complex legal system involved.

Case Studies and Examples

Several cases have tested the boundaries of pardon power:

US Marshal Steve Arpaio: Arpaio attempted to refuse a pardon, highlighting the non-retroactive nature of pardons. Even if he believed accepting the pardon admitted guilt, he was required to accept it to benefit from the amnesty provided. Specific Circumstances: There are instances of pardons being rescinded before acceptance. If the pardon has not yet been delivered and accepted, its revocation is feasible. Once accepted, the pardon becomes irrevocable. Implied Power: The ability to revoke a pardon might be implied in the broader powers of the presidency, but this would depend on judicial interpretation. Once a pardon is conferred, the beneficiary might have a property interest that cannot be taken away without due process.

Conclusion

While the theoretical grounds for revoking a presidential pardon exist, practical and constitutional challenges make it an unlikely event. The Supreme Court and the separation of powers within the U.S. government provide strong safeguards against such an action. For now, once a pardon is issued and accepted, it remains a binding and irrevocable decision.