$64 question: Will Obama pardon Hillary Clinton? Former U.S. attorney argues he should

$64 question: Will Obama pardon Hillary Clinton? Former U.S. attorney argues he should
Credit: AP Photo/Pablo Martinez Monsivais

Dear Mr. President,

With just two days left of your presidency, there is still one thing you can, and should, do for the benefit of our country. When you consider exercising your pardon power, pardon Hillary Clinton and the other potential targets of a prospective investigation into any unauthorized use of a private email server.

There is no question that the Constitution’s broad pardon power permits you to pardon someone who has not been convicted, or even charged, with a crime. The most famous pardon of all, President Ford’s pardon of Richard Nixon, a month after Gerald Ford took office. It occurred in the absence of any indictment. It has been the law since at least 1867 that the President may pardon someone anytime after the offense is committed.

But, you may ask, why bother? Hasn’t the President-elect already said his Department of Justice would not prosecute?

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