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Legal Effect of a Pardon
1/20/2025 | Me

Posted on 01/20/2025 11:13:52 AM PST by Stanwood_Dave

ArtII.S2.C1.3.7 Legal Effect of a Pardon - Constitution Annotated

More broadly, the {U.S. Supreme} Court ruled in several cases ... the Court in Burdick v. United States, 236 U.S. 79 (1915,) stated that a pardon carries an imputation of guilt; acceptance a confession of it.


TOPICS: Heated Discussion
KEYWORDS: acceptance; admissionofguilt; legaleffect; pardons; prezpardon
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To: ProtectOurFreedom
"It seems the good news is that your Fifth Amendment rights are gone with the pardon since you can no longer incriminate yourself. That should open up avenues for in-depth investigations to expose the treacherous and treasonous Deep State, even if you cannot convict the scumbags."

Whereupon street justice can proceed and the bastards can be tarred and feathered, carried to the Potomac and executed with their heads hoisted on pikes and suspended from light posts on every bridge across the river.

How crude! How delightful! It would be!

61 posted on 01/20/2025 1:43:27 PM PST by Sequoyah101 (Donald John Trump. First man to be Elected to the Presidency THREE times since FDR.)
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To: liberalh8ter

https://www.presstv.ir/Detail/2025/01/20/741284/Biden-pardons-officer-murdered-unarmed-dissident


62 posted on 01/20/2025 1:52:05 PM PST by stylin19a ("If You Can Read This, Thank a Teacher. If You Can Read It In English, Thank a Veteran" )
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To: SoConPubbie

So, to recap, legally, this is not a pardon, it is an attempt to change the definition of a pardon, in effect, a “get-out-of-jail-free” card.
****************************
It’s a pardon.


63 posted on 01/20/2025 1:52:16 PM PST by sunny bonobo
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To: sunny bonobo
Ex Parte Garland 1866 Are you denying Ford pardoned Nixon for any crimes he MAY HAVE committed during his presidency?
Saisfied?


Nope, because I doubt the Founders whould have agreed to this bastardization of the Constitution foisted on us.


64 posted on 01/20/2025 3:53:29 PM PST by SoConPubbie (Trump has all the right enemies, DeSantis has all the wrong friends.)
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To: Stanwood_Dave

PM


65 posted on 01/20/2025 4:08:57 PM PST by Ken Regis (I concur )
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To: SoConPubbie

Exactly.

https://freerepublic.com/focus/news/4291232/posts?page=69#69


66 posted on 01/20/2025 4:33:44 PM PST by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: Bruce Campbells Chin
We'll have to agree to disagree on the dicta,

The facts, which involve the effect of a pardon of the President of the United States tendered to one who has not been convicted of a crime nor admitted the commission thereof, and also the necessity of acceptance of a pardon in order to make it effective, are stated in the opinion. Page 236 U. S. 84

67 posted on 01/20/2025 5:33:26 PM PST by Stanwood_Dave ("Testilying." Cop's lie, only while testifying, as taught in their respected Police Academy(s). )
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To: SoConPubbie

Nope, because I doubt the Founders whould have agreed to this bastardization of the Constitution foisted on us.
************************************************
I agree with you totally. I’m just saying facts are facts. As I said, hopefully SCOTUS will review.


68 posted on 01/20/2025 5:38:13 PM PST by sunny bonobo
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To: SoConPubbie

No it isn’t reviewable. If you want change then you will have to have an amendment to the constitution.

Trump just pardoned all the J6 people should that also be reviewed and stopped?


69 posted on 01/20/2025 5:55:32 PM PST by Captain Peter Blood
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To: SoConPubbie

I just looked this up on preemptive pardons and here is the answer I found. Took me about 5 minutes: https://www.msn.com/en-us/news/us/preemptive-pardons-are-they-legal-and-how-have-presidents-used-them-in-history/ar-AA1xwydQ

“The purpose of a preemptive pardon is to protect individuals from prosecution for crimes they may have committed. These pardons are often used in politically charged situations or when a president believes someone acted in good faith, even if their actions were legally questionable.

The legality of preemptive pardons was upheld by the Supreme Court in the 1866 case Ex parte Garland, which ruled that the president’s pardon power is absolute and can be issued at any time, including before formal charges are brought. This means a president can issue a pardon as a preventive measure, though it’s often met with public scrutiny.”


70 posted on 01/20/2025 6:03:03 PM PST by Captain Peter Blood
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To: Captain Peter Blood
Trump just pardoned all the J6 people should that also be reviewed and stopped?

Boy are you obtuse.

This whole discussion is not about pardons in general, but pardoning someone before they are charged and prosecuted and found guilty.

In essence, that is a "get out of free card" and I highly doubt it would ever be something the founders would have agreed to because just on its face the process is so full of potential fraud.
71 posted on 01/20/2025 6:25:06 PM PST by SoConPubbie (Trump has all the right enemies, DeSantis has all the wrong friends.)
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To: ProtectOurFreedom
the good news is that your Fifth Amendment rights are gone with the pardon since you can no longer incriminate yourself. That should open up avenues for in-depth investigations

It means that you cannot plead the fifth amendment

So any answer that is not true can be called on and presecuted to the fullest extent of constitution and law.

The miscreants are on dangerous ground...a slippery slope on steroids.

72 posted on 01/20/2025 6:47:24 PM PST by spokeshave (Proud Boys, Angry Dads. Grumpy Grandads & Curmudgeons)
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To: Jim Noble

We don’t really know of the Ford pardon of Nixon was legit because it was never challenged in court. It may not have held up.

It seems they plan on proceeding with getting the truth out. Haul these criminals in front of Congress and make them spill the beans. Refusal is contempt, lies are perjury and neither are protected by the pardon.

Then, in the case of people like Fauci, turn them over to other countries for prosecution. He will wish he was tried and sentenced in the US when he’s sitting in a Chinese jail cell,


73 posted on 01/21/2025 3:54:16 AM PST by BlueMondaySkipper (Involuntarily subsidizing the parasite class since 1981)
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To: TalBlack

Only in his decrepit mind.


74 posted on 01/21/2025 4:24:58 AM PST by Liz ((This then is how we should pray: Our Father who art in heaven, Hallowed be thy name. ))
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