The normal and plain reading of Article II section 2 clause 1 of the US constitution grants the president the power to grant repreives (reduction or elimination of punishment) or Pardons for offenses against the United States. Nowhere is it stated or implied that these can be preemptive. In fact when taken with the principle of innocent until proven guilty, there is no offense to be pardoned until AFTER a conviction. I dont believe it was intended to be preemptive and see no grant of such power.
@realcaseyrollins
Many years ago, SCOTUS found that the presidential pardon power can be preemptive. I don't know what they based this on, since the text doesn't support it, and I think they got it wrong, but I am skeptical that they will reverse that decision.
@Phil do you have a citation to the finding?
We should be able to pull up the opinion and see what they based it on.
@realcaseyrollins
