Can a President reverse a pardon issued by a previous President?

[Firestorm49]

I’m not familiar with the law in this regard. If this is an issue of precedence (tradition?) rather than established law, could Biden, in fact, reverse the pardon on someone like Flynn. If it has never been done before, can it be done at all?

Please excuse my misunderstanding of “precedent” as well, as I may be talking in circles.

[MissB]

1. No

[Firestorm49]

3. Thanks

[MissB]

7. It's a useful power

Even though it can be abused.

Assume that Biden doesn’t run for a second term but Harris does and wins. During the lame duck session Biden can pardon anyone he wants, including someone that he may think was wrongly convicted (like say Reality Winner, but that’s not a comment by me, just an example).

[NurseJackie]

2. Why It Might Be Impossible To Overturn A Presidential Pardon

https://fivethirtyeight.com/features/why-it-might-be-impossible-to-overturn-a-presidential-pardon/

[Firestorm49]

6. The key word here is "might."

[NurseJackie]

15. Hope springs eternal, I suppose.

Realistically, such a thing would not happen.

[CTyankee]

4. Wouldn't this be double jeopardy which is precluded in our Bill of Rights?

[Voltaire2]

16. no.

[The Velveteen Ocelot]

5. Not likely. The president's pardon power has always been considered absolute.

Marc Rich, Clinton's very controversial pardonee, probably would have been un-pardoned by Bush if it were possible.

[Firestorm49]

9. I'm thinking of the controversial things that Trump has done to break tradition. He set the tone.

[Lochloosa]

12. His are not the first controversial pardon

[Pantagruel]

13. Marc Rich pardon

If you really investigate that incredibly complicated case and pardon, my conclusion agrees with Bubba-the pardon though adjudged non-criminal, was not worth the damage to his reputation.The facts support Rich's claims of innocence to a large extent.

[The Velveteen Ocelot]

14. Be that as it may, the pardon was very controversial at the time,

and Bush probably would have undone it if he could have.

[Demsrule86]

8. No.

[Firestorm49]

10. Has it ever been challenged?

[Demsrule86]

21. There is nothing to challenge. A president's power to pardon is unlimited...

By definition, a pardon is permanent.

[PRETZEL]

11. Not an attorney but for those more learned,

has this ever been put to the test.

We all know there have been more than a fair share of pardons that are questionable at best, but has the question ever been litigated if a pardon issued in furtherance of a crime (in this case I'm thinking Flynn and possible obstruction of justice) which could possibly invalidate a pardon?

[duforsure]

17. A President can reverse it

But it would be challenged , but if he was part of the crimes with the person pardoned
, or illegal acts to get it, bribes , etc. and would be challenged to the Supreme Court, where in certain cases it could be possible. The President can't pardon himself, but he could do it trying to escape justice, just like that would be challenged. So is it legal, we could see. That would also give the President the ability to pardon his criminal associates he's committed crimes with, and the Supreme Court would lose their power from allowing it, and they could then be bypassed. So , yes i think that could be done , and accepted after challenged, or the criminals will be taking over.

[Firestorm49]

18. Many thanks

[StarfishSaver]

19. A pardon can't be rescinded once granted

[Demsrule86]

22. I disagree. A pardon can't be overturned. Also, it has never been decided it a president can

pardon himself...just impeachment was mentioned...and with a right wing SCOTUS, they may very well give the president this power.

[Hassin Bin Sober]

23. I think the other poster is saying it can be done but it wouldn't hold up in court.

I wouldn’t put it past some clown like Trump to try something like that. Heck, he might even do it in a tweet and make it all legal like by throwing in a “hereby”

[Fiendish Thingy]

20. No, but an unlawful pardon could be overturned in court

Overturning a presidential pardon has never been tested AFAIK, but Barr himself said a pardon for making false statements would be a crime.