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In reply to the discussion: What's stopping trump from selling more pardons after he leaves office, [View all]Bernardo de La Paz
(60,320 posts)12. Person w pardon, even public pardon, can be charged in court. See Burdick SCotUS 1915
Charge any and all of the criminals and force them to use (and reveal) their pardon!
According to the 1915 Supreme Court decision, you can be forced to use your pardon in court. And using the pardon is to admit guilt.
https://en.wikipedia.org/wiki/Burdick_v._United_States
The pardon does not actually apply until the defendant proffers it in court in answer to a charge. Nobody can proffer it for them. If the defendant does not proffer the pardon, then they can be convicted.
So,
1) Prosecutors should formally ask every pardoned person if they admit guilt.
2) If they do not, they should be charged.
3) Then they would be forced to admit their guilt, formally, in a court of law, where it will be recorded.
The Supreme Court ruled in Burdick that a pardon carries "an imputation of guilt, acceptance a confession of it".[2]
Burdick v. United States, 236 U.S. 79 (1915), was a case in which the Supreme Court of the United States held that:
* A pardoned person must introduce the pardon into court proceedings, otherwise the pardon must be disregarded by the court.
* To do that, the pardoned person must accept the pardon. If a pardon is rejected, it cannot be forced upon its subject.
* A pardoned person must introduce the pardon into court proceedings, otherwise the pardon must be disregarded by the court.
* To do that, the pardoned person must accept the pardon. If a pardon is rejected, it cannot be forced upon its subject.
A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is the private though official act of the executive magistrate, delivered to the individual for whose benefit it is intended.... A private deed, not communicated to him, whatever may be its character, whether a pardon or release, is totally unknown and cannot be acted on.[1]
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What's stopping trump from selling more pardons after he leaves office, [View all]
duforsure
Jan 2021
OP
I was simply trying to recreate the context on "The Last Word" that the OP had obviously seen
grantcart
Jan 2021
#44
I understand your concern about limiting the pardon. But that idea isn't a good one
StarfishSaver
Jan 2021
#46
Person w pardon, even public pardon, can be charged in court. See Burdick SCotUS 1915
Bernardo de La Paz
Jan 2021
#12
He could try to sell them to suckers. But I don't think secret pardons have been tested in court. nt
Bernardo de La Paz
Jan 2021
#19
That's what /should/ happen (assuming "secret" in the first place) and what would...
JHB
Jan 2021
#35
Maybe the date/time of the pardon(s) have to be time-stamped and witnessed to prove
no_hypocrisy
Jan 2021
#7
He can use agents, but that does not make it legal in any way. . . . nt
Bernardo de La Paz
Jan 2021
#20
I think there should be a numerical limitation on pardons whether secret or otherwise.
dreamland
Jan 2021
#26
The Supreme Court has blessed pre-conviction pardons and not all pardons mean guilt
onenote
Jan 2021
#42