Should this President, or any President, be allowed to pardon military personal convicted of murder?

2019-11-22T23:59:08-05:00

I find it disturbing that a service member convicted of murder can be acquitted bay a president. It violates the UCMJ. Am I wrong?

Response by SFC Private RallyPoint Member made Nov 23 at 2019 2:48 AM

2019-11-23T02:48:20-05:00

He wasn't convicted of murder, he was convicted of posing with a corpse. It also doesn't violate the UCMJ, as the President is the Commander in Chief, the UCMJ supports his right to overrule subordinate Commanders. Other Commanders have overruled their subordinate Commanders numerous times before, and will continue to be authorized to if they feel the subordinate commander judged incorrectly. A semi recent example was an Air Force who commander who overturned a sexual assault conviction.

Response by CSM Thomas Ray made Nov 23 at 2019 8:29 AM

2019-11-23T08:29:31-05:00

I find that the pardons were justified. As anyone that is in combat will tell you, if you have to second guess whether to shoot or not, most of the time it is too late. As to posing with deceased enemy, or even urinating on them, it is not right, but I question the members taking this to the press. It used to be unit integrity, but in the days of social media, it seems everyone wants to get their 15 minutes of fame at the expense of their team.

Response by Sgt Ivan Boatwright made Nov 23 at 2019 8:00 PM

2019-11-23T20:00:19-05:00

When a man puts himself on the level of a god, he can do anything. Even grab women where he wants to kill someone in the street and nothing will happen, etc.

Response by LTC Stephen F. made Nov 24 at 2019 1:19 AM

2019-11-24T01:19:45-05:00

The whole point of a presidential pardon provides for freedom from incarceration after time served [or before time has been served] for somebody convicted of a Federal crime.
Capt Gregory Prickett has already cited the applicable Constitutional passages.
The United States Constitution, provides the president the "power to grant pardons for offenses against the United States. This includes conditional pardons, commutations of sentence, conditional commutations of sentence and reduction of fines.
By definition:
A pardon is an executive order vacating a conviction; and
A commutation is the lessening of the sentence of someone currently serving a sentence for a conviction of a crime.
Presidential Pardons only apply to federal convictions. In other words, if you have committed a state criminal offense, it is not eligible to be pardoned or commuted by the president."
https://www.wklaw.com/need-know-presidential-pardon/

What You Need to Know about Presidential Pardon | Wallin & Klarich

If you were convicted of a federal crime, you may be eligible for a presidential pardon. Call us today at (877) 4-NO-JAIL so we can begin to help you.

Response by Cpl Vic Burk made Nov 24 at 2019 8:56 AM

2019-11-24T08:56:38-05:00

In two words, "Hell no." (In my opinion) The president is the commander in chief but (respectfully) he should stay out of this area. He wasn't there and will never know all the circumstances that surrounded the charges. Furthermore (my opinion) anyone convicted of murder should not be pardoned by anyone. They need to serve their time.

Response by SFC Robert Walton made Nov 24 at 2019 8:59 AM

2019-11-24T08:59:54-05:00

I say yes any President should and does have the power of Pardon for felony cases.
On the other hand I think some times this is used wrongly. An individual convicted with proof should ride out the sentence unless physical or Mental Health becomes a factor for security reasons. I have seen in the last 20 years President pardons seem to be used more for a political gain than any thing else (both sides guilty), let us not forget that a Pardon does not remove guilt but pardons the sentence. A Pardon is not acquital. JMTC

Response by Sgt Ivan Boatwright made Nov 24 at 2019 10:41 AM

2019-11-24T10:41:56-05:00

Only when that person kisses his butt for approval and Trump believes he can control the lower ranks by dividing them from their officers, Hitler did successfully. The question is do we want a strong military that follows orders or one that follows someone who was so afraid of combat he paid a doctor to keep him out?

Response by MSG Danny Mathers made Nov 24 at 2019 12:00 PM

2019-11-24T12:00:54-05:00

Oh boy! I hate stupid questions and closed minds. I believe the schools systems doesn't teach the Constitution anymore. You are dead wrong and the UCMJ is not always right which there is an appeal process which Presidential Pardons is the absolute authority.

Response by Sgt Ivan Boatwright made Nov 24 at 2019 3:44 PM

2019-11-24T15:44:34-05:00

A legitimate president has the power to grant a pardon for almost anything on federal level but not on state level. In this instance, there is room for doubt.

Response by SSgt Private RallyPoint Member made Nov 24 at 2019 5:46 PM

2019-11-24T17:46:25-05:00

The Constitution grants the executive party the power to pardon federal crimes. The Manual for Courts Martial grants a superior officer the ability to override "can't think of the exact term right now" the ruling conviction of a junior officer. What was done was within his right and power.

Response by LCDR Joshua Gillespie made Nov 25 at 2019 12:53 PM

2019-11-25T12:53:48-05:00

Yes. I realize many people are uncomfortable with the outcome of certain recent events, but we either have the office of CIC, or we don't. In my personal, and very humble opinion, law can be flawed... and justice mitigated by numerous factors. Our founders appear to have understood that in that (a), they strove to imbue the Constitution with some flexibility, and (b), established the much-vaunted "checks and balances" system. Regardless of what people may think about any single one of them, the President , as part of the Executive Branch is part of that system.