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Ms. Toad

(38,824 posts)
8. Not exactly.
Wed Aug 23, 2017, 12:45 AM
Aug 2017

At issue was the narrow question of whether the court could - essentially - force the pardon on Burdick by forcing him to provide incriminating testimony after the president had pardoned him (prior to a conviction).

What the court determined was that Burdick had a choice - he could not be compelled to testify against his own interests merely because he had been pardoned unless he chose to accept the pardon. He could claim the 5th (without accepting the pardon) and refuse to provide incriminating testimony OR he could accept the pardon (entering it into the court's record and implicitly acknowledging guilt) and be forced to testify.

In this case, Arpaio has already been found in contempt, and the case you cited only stands for the proposition that he can plead the 5th, rather than accept the pardon and testifying without personal risk. Yes - if he accepts a pardon it implies guilt, but here there is no particular reason for him to do so (since there isn't - as far as I know - a case out there in which his testimony is needed). He can just leave the pardon hanging out there.

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Trump just asked his audience: [View all] SummerSnow Aug 2017 OP
Grrrrr..... dixiegrrrrl Aug 2017 #1
according to Burdick v US 1915 Angry Dragon Aug 2017 #2
Not true. former9thward Aug 2017 #5
President Ford said he did .......... he carried it around with him Angry Dragon Aug 2017 #6
Ford allegedly carried around the Burdick decision. former9thward Aug 2017 #14
okay Angry Dragon Aug 2017 #15
here is more Angry Dragon Aug 2017 #7
Not exactly. Ms. Toad Aug 2017 #8
Question: If he does not accept the pardon and admits guilt doesn't he then go to prison?? Angry Dragon Aug 2017 #9
He hasn't been sentenced yet. FormerOstrich Aug 2017 #10
I'm not sure there has to be acceptance after a conviction. Ms. Toad Aug 2017 #11
Thank you Angry Dragon Aug 2017 #13
It was inevitable that he'd shove it up our noses publicly like this eleny Aug 2017 #3
When, is not giving people water for days, a job? Doreen Aug 2017 #4
Apparently he called for Kelly .. Hieronymus Aug 2017 #12
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