1. Part 6: The Pardon Power and Role in Foreign Policy
Lecture 14 The Executive
Part 6: The Pardon Power
and Role in Foreign Policy

2. This lecture Covers The Pardon Power
The President’s role in Foreign Policy
Pages
After you finish this material, you will work on your first major assignment

3. The Pardon Power
The power of the President to pardon someone is found in Article II
It is for federal crimes only
The President cannot pardon someone for a state level offense
Cannot be used to nullify impeachment
The person must accept the pardon
Except for commutation of a death sentence
This can be of an individual or a class
The President can also commute a sentence
The conviction stands
A full pardon expunges the record as if the person was never convicted
Some pardons have been citied
Bush I- Iran Contra, Bill Clinton- Marc Rich, Bush II- Scooter Libby

4. Ex parte Grossman (1925) Ex parte Grossman (1925) Background
Defendant was found guilty of contempt of court for selling liquor in violation of the Volstead Act
He was sentenced to a year in jail and a $1,000 fine
President Coolidge commuted the sentence to only the fine and Grossman accepted
The District judge refused to recognize the pardon saying President Coolidge had no authority to commute a Contempt conviction
Grossman objected and filed a write of habeas corpus to be released
Question: Does the pardon power include the power to commute a sentence for criminal contempt?

5. Ex parte Grossman- II Arguments For Grossman Against Grossman
Offenses includes contempt
This goes back to England
No serious threat this would be used by the President against the courts
Against Grossman
President may pardon only statutorily offenses
President may only pardon offenses subject to jury trial
Allowing the President to pardon would offend separation of powers and the independence of the judiciary

6. Ex parte Grossman- III Unanimous opinion by Chief Justice Taft
Grossman wins
The King of England could pardon for contempt
There have been previous pardons for contempt
Contempt citations are essentially violations of criminal law, thus subject to the pardon power
The remedy for use of excessive pardons is impeachment

7. Murphy v. Ford (W.D. Mich. 1975) Murphy v. Ford (W.D. Mich. 1975)
Background
President Ford pardons President Nixon for any and all acts committed during his entire tenure in office
Ford believed this would be better for the country not to have a long trial of President Nixon- he later got the profile in courage award for this
However, it may have cost him reelection
Some believed Ford was given the Vice-Presidency with the condition of a pardon
Question: Could the President grant a pardon to someone not charged or indicted?
Yes, the pardon power is unlimited except for impeachment
Whether legal proceedings have started matters not

8. The President and Foreign Policy
I am going to go through this very quickly
United States v. Curtis-Wright (1936)
The company wanted to sell arms to Bolivia during war, violating an act prohibiting selling arms to warring nations
President is the sole organ of foreign policy
Subordinate only to the Constitution
President has more discretion here than in domestic affairs
Look back to Goldwater and Zivotfsky

9. Next time
Upon finishing this lecture, move to the major assignment posted, which will be a legal memo, covering the first two weeks of material
For Week 3,
We will do the chapters on
Separation of powers
Federalism
Pages
This is actually less reading than week 2, but it is still a lot
Remember this is three weeks worth of material in a regular class