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What if someone serving time in a state prison gets elected president?

  • Would it be legal for the state to continue to incarcerate a US president?
  • Can he order himself to be released (for example, on the grounds of national security)?
  • Assuming he'd have to stay in prison, would his vice president take over?
MWB
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1 Answers1

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A Presidential Pardon does not affect the States at all

A president clearly can not pardon himself for a state crime, because the president does not have that as an enumerated power. Presidential pardons are limited in the Constitution, Article II Section 2 Clause 1.

The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

A person convicted of a state crime is not convicted of an offense against the United States, and thus, the conviction does not become moot by a presidential pardon. He stays incarcerated, as he is still convicted in the state prison and not pardoned of the state crime.

It takes a pardon from the state's governor to pardon a crime on the state level.

It's unclear if a president can pardon themselves

Ohwilleke's excellent answer covers the problem of a person being president trying to pardon themselves of a federal crime.

Trish
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