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Understanding Preemptive Pardons: Are They Legal and What Do They Mean for Democracy?
The presidential pardon is among the most far-reaching powers granted to the U.S. executive branch under the Constitution. But what about preemptive pardons—those issued before someone has been charged or convicted?
4 min readDec 6, 2024
Understanding Preemptive Pardons: Are They Legal and What Do They Mean for Democracy?
The presidential pardon is among the most far-reaching powers granted to the U.S. executive branch under the Constitution.
But what about preemptive pardons—those issued before someone has been charged or convicted?
This controversial practice stirs up important legal and ethical debates.
What Is a Preemptive Pardon?
A preemptive pardon allows the president to forgive someone for potential legal violations before they’re even charged or prosecuted. While most pardons address already-adjudicated offenses, these proactive pardons protect against future legal action.
