Michael Froomkin - U.Miami School of Law
froomkin at law.miami.edu
Thu Dec 25 12:25:37 PST 2008
Some first thoughts on the validity of a pardon revocation at <a
"Revokes" A Pardon (When Do Pardons Vest?)</a>, although subsequently I
learned that the official White House line is that the pardon had not
actually been signed and sealed when it was 'revoked' -- which makes the
case much less interesting.
And someone just emailed me a reference to Biddle v. Perovich, 274 U.S.
480, 486-87 (1927) (Holmes, J.), which I need to go read...
But wouldn't the issue be justiciable if the (non?)recipient wanted to,
say, vote in a state that prohibits felons from voting? Or in a 3-strikes
situation? And doubtless others (e.g. seeking a declaration as to whether
the conviction must be disclosed in various applications)?
On Thu, 25 Dec 2008, guayiya wrote:
> Happy Holidays to all.
> Re today's news:
> Doesn't revoking a pardon constitute double jeopardy?
> The White House argument that the pardon is not effective until a warrant of
> pardon is delivered seems inconsistent with the holding in Marbury.
> But would this matter be justiciable?
> Daniel Hoffman
http://www.icannwatch.org Personal Blog: http://www.discourse.net
A. Michael Froomkin | Professor of Law | froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
-->It's warm here.<--
More information about the Conlawprof