This is territory I thought I would never have to think about but something stinks lately to say the least.

  • JakenVeina@midwest.social
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    2 days ago

    I don’t think so. As far as I’m aware, it’s never come up before. The way it would play out, I think, would be something like…

    • Future president issues an EO or whatever rescinding the pardon. This doesn’t really accomplish anything, though. It’s really just a signal to the DoJ that the president proooobably wants them to pursue charges against the individual in question. Which they’ve probably already discussed directly.
    • DoJ brings charges against the individual.
    • The individual, files a motion for dismissal of charges, on the grounds of the prior pardon.
    • The judge hears arguments from the DoJ about why that pardon should be considered invalid, and rules one way or the other. If I had to guess, I’d say most judges would rule that the existing pardon can’t be overturned, as it’s a power defined explicitly in the Constitution, and overturning pardon’s isn’t.
    • Regardless of the ruling, the decision gets appealed and escalated through the appeals court system to work out the final outcome.