24 (Spoiler if you haven't seen latest episode)

After last night’s episode, it struck me that if Jack gets away from Nina (which I think is pretty likely), that he would have a legitimate claim of self-defense if he killed her any time he saw her, even if she was asleep, etc. (Well, maybe not if she was in custody.) Sort of like the battered wife defense, but more so. I would appreciate it if those who know the law better than I do would give me any insight on this question.

For those who don’t watch the program, the situation is that, for reasons that we need not go into here, Nina has been promised in advance a presidential pardon if (when) she kills Jack. Obviously this is fiction, and a very contrived situation, but assume it really happened, what would Jack’s rights be? Also, ignore the fact that murder is a state crime and cannot be pardoned by the President (I think). (I wonder if that will be used in the plot.)

Actually, if Nina had killed Jack it would be a Federal offense since he’s a Federal agent.

I don’t think you can pardon someone in advance for a crime that hasn’t been committed.

I think it would also be a state offense. And I guess the pardon is not given in advance, but promised to be given when the event occurs.