Columbiana, AL asked in Criminal Law and Constitutional Law for Alabama

Q: Can the POTUS issue a presidential pardon to a non US citizen such as Julian Assange? Source please.

1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: This is not a legal-problem-inspired question. Its a political question.

With that observation, the answer is "yes". The authority is the Constitution of the United States, specifically, Article II, Section 2, which provides that the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Note that the power is not conferred with respect to citizens of the United States, but rather with respect to offenses against the United States. Thus the President may pardon any citizen of any country for offenses against the United States.

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