Nemo judex in causa sua is a Latin phrase that means, literally, "no-one is judge in his own cause." It is a principle of natural justice that no person can judge a case in which they have an interest.
The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed but may be remitted for a valid re-hearing.
A Justice Department memo in August 1974, about Nixon’s impending resignation, begins, “Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.”
The maxim is so clear and widely accepted that the memo didn’t even cite anything else. It assumed that Nixon, or any president, could not pardon himself.
This is not a new theory, to say the least. It is part of the “rule of law” established in the Constitution.
How about James Madison in Federalist 10: “No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.”
Pardons generally assume the offender is guilty of the underlying offense, and that he or she has been rehabilitated. So, any president or a governor might deny a pardon to an offender who denies guilt.
Pardons can be revoked before they’re delivered, but not after they are delivered and accepted—unless the offender fraudulently obtained it.
Pardons symbolize forgiveness for the crime, but usually don’t wipe out guilt or expunge the conviction. This typically means that, where asked, job applicants must disclose the conviction, though they can add that a pardon was granted. It also means courts can consider pardoned offenses when deciding the appropriate punishment for any future crimes.
A pardon doesn’t affect any civil consequences that might flow from the crime. So, even someone who receives a pardon for murder may still be subject to a lawsuit for wrongful death. Pardons also tend not to affect administrative consequences, such as license suspensions.
In the case of presidential pardons, they only apply to federal crimes, not state or local.
The big question on everyone’s mind right now, are presidential pardon’s being bought and paid for? Are they only for the cronies and associates, maybe family members of the president? And can charges of bribery be associated with the buying of pardons?
Remember this – a pardon is given on the assumption of guilt, not innocence. So pay close attention to who gets pardoned in the days to come.