Murphy v. Ford

390 F. Supp. 1372, 1975 U.S. Dist. LEXIS 13118

 

RULE:

The President has unlimited pardoning power that may be exercised at any time before, during, or after legal proceedings. It is appropriate to grant a pardon in order to restore national tranquility. A pardon is valid even if the one pardoned has not been indicted or convicted.

FACTS:

President Ford granted former President Nixon a pardon for the alleged misconduct that occurred when he was in office, even though legal proceedings had commenced. 

ISSUE:

May a President grant a pardon in the interest of domestic tranquility, even though the recipient has not been subjected to legal proceedings?

ANSWER:

Yes.

CONCLUSION:

The President has power to pardon except in cases of impeachment. The fact that the person being pardoned had not been indicted or convicted of an offense against the United States did not affect the validity of the pardon because the President has unlimited power to pardon. The court found for the President's pardon. 

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