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In reply to the discussion: what does it mean when he commutes stone's sentence? [View all]former9thward
(33,424 posts)The Washington Post ran an article called The five myths about Pardons. They said:
Myth No. 4
Pardons are only for guilty people; accepting one is an admission of guilt.
In 1915, the Supreme Court wrote in Burdick v. United States that a pardon carries an imputation of guilt; acceptance a confession of it. Over the years, many have come to see a necessary relationship between a pardon and guilt. But Burdick was about a different issue: the ability to turn down a pardon. The language about imputing and confessing guilt was just an aside what lawyers call dicta. The court meant that, as a practical matter, because pardons make people look guilty, a recipient might not want to accept one. But pardons have no formal, legal effect of declaring guilt.
Indeed, in rare cases pardons are used to exonerate people. This was Trumps rationale for posthumously pardoning boxer Jack Johnson, the victim of a racially based railroading in 1913. Ford pardoned Iva Toguri dAquino (World War IIs Tokyo Rose) after 60 Minutes revealed that she was an innocent victim of prosecutors who suborned perjured testimony in her treason case. President George H.W. Bush pardoned Caspar Weinberger because he thought the former defense secretary, indicted in the Iran-contra affair, was a victim of the criminalization of policy differences. If the president pardons you because he thinks you are innocent, what guilt could accepting that pardon possibly admit?
https://www.washingtonpost.com/outlook/five-myths/five-myths-about-presidential-pardons/2018/06/06/18447f84-69ba-11e8-bf8c-f9ed2e672adf_story.html