Pardon Revocation

[Michael Froomkin - U.Miami School of Law]

Some first thoughts on the validity of a pardon revocation at <a 
href="http://www.discourse.net/archives/2008/12/bush_revokes_a_pardon_when_do_pardons_vest.html">Bush 
"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
>

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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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