this post was submitted on 06 Jun 2024
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Hello! I was scrolling along until I saw an article about a Pardon in Texas. In the comment section people talked about how pardons are even still a thing and one User pointed out that they are totally easy to abuse. Like why can't a governor hire a hitman to kill his political Opponents and then just pardon him? Would this be possible? Can a governor or let's say the president just straight up do that?

Thank you all in advance!

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[–] [email protected] 14 points 5 months ago

Sort of yes, sort of no. This is one of those places where the US Federal system of government would be beneficial. For the most part, Homicide is a State crime. This means that the State where the crime occurred would have jurisdiction and The US President would not have the power to pardon for that crime. So, let's say that Biden sends a private hitman (and not Seal Team 6, the FBI or whatever fevered dream part of the US Government Trump comes up with next) to kill Trump. Said hitman would be indicted in New York under New York law for the homicide. President Biden's power to pardon would not be able to help the hitman. By contrast, New York Governor Kathy Hochul probably could (I can't be arsed to look up the power of pardon in New York). Where this breaks down is in DC or other Federal land (e.g. military bases). Since those are Federal lands, the Federal Government would have jurisdiction and the President probably would have the power of pardon.