hanuman wrote:
SNIP
Besides, what everyone is forgetting here is that Haven's government/Congress CANNOT pardon Caslet. I stand by my viewpoint that there will be little public or political opposition to granting him a visitor's visa so that he can visit any surviving family in the Republic.
However, he is no longer a Havenite citizen. Legally, a government cannot pardon a citizen of another star nation. It's just not done. Firstly, because no government has the legal authority to make legal pronouncements about an individual who does not fall under its legal or political jurisdiction. And secondly, because it would be a major faux pas to interfere in the legal jurisdiction of another star nation - especially a star nation it is now allied with.
Not so.
A nation can, indeed, pardon a citizen of another nation so long as the pardon is for crimes committed (or alleged to have been committed) against the nation issuing the pardon. The US President, for example, could not issue a pardon to a British citizen accused of or convicted of crimes against Great Britain but could pardon a British citizen accused of or convicted of crimes against the United States.
Thus if Pritchart decided that she wanted to issue a presidential pardon to Caslet (which I am not saying --- at this time --- I'm planning on hger doing) for any "crimes" committed against the People's Republic during or after Honor's escape from StateSec custody, she would be entirely within her rights under both the Havenite Constitution and interstellar law. By the same token, the only star nation under whose laws he could be considered guilty of treason or desertion would be Haven's, and she could pardon him for either of those offenses, as well.