While some Democrats are requesting President Obama to pardon Hillary Clinton, some Republicans are asking president elect Donald Trump to prosecute Hillary Clinton

The most complex, and probably ambiguous, power of the President under the US Constitution is the power to Pardon. Article II, Section 1, of the Constitution provides that the “executive power shall be vested in a president of the United States,” Article II, Section 2 of the United States Constitution states that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment ..

Hillary Clinton finds herself in an awkward position with the law and some politicians. Criminal justice is a little problematic; the choice of who’s brought to the dock – for prosecution – is ultimately a political decision. The US president elect vowed to appoint a special prosecutor to take on Hillary Clinton for the Federal crimes she allegedly committed . A significant number of Trump’s supporters can’t wait to see Hillary Clinton in the dock.

President Obama could save Hillary Clinton by a stroke of a pen. Some Democrats want Obama to do the needful before he leaves office. Will Obama grant pardon to Hillary Clinton although both Hillary Clinton and the President insist Hillary Clinton committed no crime? Interestingly, the magical power of the President to pardon Federal crimes is almost limitless. It’s immaterial that a person isn’t convicted for the president to grant pardon. The founding fathers brought this issue to rest during the 1787 Constitutional Convention. The motive for the President to grant pardon, too, is immaterial. For example, President Bill Clinton granted pardon to Roger Clinton, his brother, simply because he was his brother. President Gerald Ford pardoned President Richard Nixon for his then alleged involvement in the Watergates scandal for purposes of bringing that bitter past to an end; national healing. The recipient of presidential pardon isn’t required to accept the pardon for that person to be protected from prosecution in any Federal court for the pardoned crimes. Once granted, subsequent president(s) cannot reverse it .

Is it necessary for Obama to grant Executive pardon to Hillary Clinton? Should Trump administration prosecute Hillary Clinton ?

I like the ” Pardon Hillary Clinton” campaign. Both, Hillary Clinton and President Obama appear to say that Hillary Clinton isn’t guilty of any crime. How will the President Pardon a person who who does not believe she’s guilty?

If I were President Obama’s Attorney General, I would not advise him to grant pardon to Hillary Clinton. If I was president elect’s Attorney Genereal, assuming there’s sufficient evidence to prosecute Hillary Clinton, I would go for out-of-court justice in Hillary Clinton case. My thinking is that, after the biter presidential election campaign, healing and uniting Americans is more important than going for Hillary Clinton’s ” head” in formal courts of law.

In any case, prosecuting Hillary Clinton will appear political persecution automatically. Most importantly, I am sure it is not in America’s interest to start such absurd political culture. Certainly, it’s wouldn’t be in the interest of justice to sweep Hillary Clinton’s apparent crimes under the carpet.

Dr Charles Kambanda

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