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former9thward

(33,424 posts)
35. No.
Sat Jul 11, 2020, 08:52 AM
Jul 2020

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 Trump’s rationale for posthumously pardoning boxer Jack Johnson, the victim of a racially based railroading in 1913. Ford pardoned Iva Toguri d’Aquino (World War II’s “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

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Doesn't that mean Stone admits guilt & must freely participate in any othr criminal investigation? TheBlackAdder Jul 2020 #1
No, that's a pardon. If he'd accepted a pardon he'd have to admit guilt, The Velveteen Ocelot Jul 2020 #4
But it does mean he is still a convicted felon (7 felonies). madinmaryland Jul 2020 #8
Yes, it does. The Velveteen Ocelot Jul 2020 #10
People keep posting this. former9thward Jul 2020 #30
Not so. Confession is imputed by acceptance. Burdick v. United States, 236 U.S. 79 (1915): The Velveteen Ocelot Jul 2020 #32
No. former9thward Jul 2020 #35
Thanks for clarifying it and clearing my confusion. TheBlackAdder Jul 2020 #33
Had He Been Pardoned, Sir, Yes The Magistrate Jul 2020 #5
It means he doesn't have to go to prison, although The Velveteen Ocelot Jul 2020 #2
No Jail, Conviction Stands The Magistrate Jul 2020 #3
Zippy doesn't have to go to jail. BigmanPigman Jul 2020 #6
It could get thrown out in court. Stone's tweet ensures it. donkeypoofed Jul 2020 #7
It can't be thrown out in court because, like pardons, The Velveteen Ocelot Jul 2020 #9
" ...except in cases of impeachment" cureautismnow Jul 2020 #17
No, what that means is only that an impeachment can't be pardoned. The Velveteen Ocelot Jul 2020 #18
Wouldn't that preclude Trump from receiving a future pardon from Pence? cureautismnow Jul 2020 #19
No. That's not what it means. It means that a president can't undo The Velveteen Ocelot Jul 2020 #20
The framers messed up then. cureautismnow Jul 2020 #29
However....the judge may be able to quash the communtation dixiegrrrrl Jul 2020 #24
How? The power is in the Constitution. The underlying crime might be prosecuted, The Velveteen Ocelot Jul 2020 #25
No she can't. former9thward Jul 2020 #31
Is there a screen cap of that tweet? Alex4Martinez Jul 2020 #16
It means he's still a convicted felon, but can still take the fifth Fiendish Thingy Jul 2020 #11
agreed, but wait until next year when we have a senate and whaite house not awash in corruption Takket Jul 2020 #23
The new AG will be an even more crucial appointment than usual. Nt Fiendish Thingy Jul 2020 #28
He has got the goods unlike Manafort and Cohen ... mr_lebowski Jul 2020 #12
Like everyone else said, its not a pardon. Xolodno Jul 2020 #13
Until Trump loses in November then Stone at some point gets the full pardon. Gidney N Cloyd Jul 2020 #15
No guns StarfishSaver Jul 2020 #21
He's free now to devote all his time to devising dirty tricks to help the criminal in the WH wishstar Jul 2020 #14
A felony record would not disqualify him Chainfire Jul 2020 #22
If he is pardoned, he cannot "take the Fifth"..? kentuck Jul 2020 #26
All the guys in the prison yard won't be jacking to the Nixon tattoo on Rogers back now. Captain Zero Jul 2020 #27
I hope this means no voting AND no GUNS!! bluestarone Jul 2020 #34
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