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Burdick v. United States, 236 U.S. 79 (1915) - Pardons impute guilt, accepting them confesses guilt
The United States Supreme Court ^ | January 25, 1915 | United States Supreme Court

Posted on 01/20/2025 12:36:06 PM PST by scouter

U.S. Supreme Court

Burdick v. United States, 236 U.S. 79 (1915)

Burdick v. United States

No. 471

Argued December 16, 1914

Decided January 25, 1915

236 U.S. 79

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Acceptance, as well as delivery, of a pardon is essential to its validity; if rejected by the person to whom it is tendered, the court has no power to force it on him. United States v. Wilson, 7 Pet. 150.

Quaere whether the President of the United States may exercise the pardoning power before conviction.

A witness may refuse to testify on the ground that his testimony may have an incriminating effect, notwithstanding the President offers, and he refuses, a pardon for any offense connected with the matters in regard to which he is asked to testify.

There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it, while the former is noncommittal, and tantamount to silence of the witness.

There is a distinction between amnesty and pardon; the former overlooks the offense, and is usually addressed to crimes against the sovereignty of the state and political offenses, the latter remits punishment and condones infractions of the peace of the state.

211 F. 492 reversed.

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.

(Excerpt) Read more at supreme.justia.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: biden; guilt; pardon; pardons; scotus
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Given the news today of all the pardons Biden issued before leaving office, we on Free Republic should all know that the Supreme Court decided in 1915 that:

1. The president MAY issue pardons pre-emptively for unknown crimes against the United States.

2. The grant of a pardon imputes guilt to the person receiving the pardon.

3. Therefore, the recipient must accept the pardon for it to be valid, and that accepting a pardon is a confession of guilt.

4. After accepting a pardon, the recipient loses their 5th Amendment protection against testifying.

The full decision is at the link.

1 posted on 01/20/2025 12:36:06 PM PST by scouter
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To: scouter

bkmk


2 posted on 01/20/2025 12:38:09 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: scouter

Thank you for posting this.


3 posted on 01/20/2025 12:39:41 PM PST by madison10
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To: scouter

Thanks for posting.


4 posted on 01/20/2025 12:40:12 PM PST by PGalt (Past Peak Civilization?)
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To: scouter

Seems like if they accept the pardon they could lose their law license and the right to vote. Plus anything else like security clearances ect.


5 posted on 01/20/2025 12:40:16 PM PST by jimpick
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To: scouter

6 posted on 01/20/2025 12:40:23 PM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: scouter

nice. thanks.


7 posted on 01/20/2025 12:44:18 PM PST by Recovering_Democrat
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To: scouter; Bruce Campbells Chin

FYI


8 posted on 01/20/2025 12:45:20 PM PST by SoConPubbie (Trump has all the right enemies, DeSantis has all the wrong friends.)
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To: scouter

Correct...as I said in a few posts today, Biden gave us a gift if we know what to do with it.


9 posted on 01/20/2025 12:47:47 PM PST by EBH (America Blackmailed, The True Story of the World War...Coming Soon (1/21-))
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To: scouter
Yes, BUT...

A pardon is not considered legally accepted until the recipient of a pardon chooses to file it in court. As a practical matter, that is never going to happen unless and until they are actually charged and prosecuted with a crime, and perhaps not even then if they think they can beat the crime. For that reason, prosecutors are unlikely to waste assets charging somebody who has a pardon sitting in their hip pot.

So as a practical matter, trying to use the issuance of the pardon to force individuals to testify regardless of the fifth Amendment won't work.

10 posted on 01/20/2025 12:48:36 PM PST by Bruce Campbells Chin ( )
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To: EBH
"...Biden gave us a gift if we know what to do with it."

Exactly! That's why I want to get everyone aware of this. We should send this to our Republican representatives and senators, and the conservative talk show hosts we listen to. We should post it on all our social media accounts. We should not let anyone persist in their ignorance, especially those who could do something with this information.

11 posted on 01/20/2025 12:50:54 PM PST by scouter (As for me and my household... We will serve the LORD.)
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To: scouter

This might explain why Milley’s portrait was removed. He apparently accepted, and the military said, “Nope.”


12 posted on 01/20/2025 12:51:18 PM PST by rarestia (“A nation which can prefer disgrace to danger is prepared for a master, and deserves one.” -Hamilton)
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To: scouter

So, just to be clear...
Anyone, and I mean ANYONE that accepts a pardon, is automatically a FELON!!!!


13 posted on 01/20/2025 12:52:42 PM PST by joe fonebone (And the people said NO! The End)
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To: Bruce Campbells Chin

would they have to elocute like a guilty plea?


14 posted on 01/20/2025 12:52:43 PM PST by joshua c
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To: Bruce Campbells Chin

I don’t know. I think with enough pressure, Congress may take up action to get to the bottom of COVID. Fauci can play his pardon card, which will force him to testify what he knew, when, and by whom. I say every single one of them should be made to answer. Even if they’re not imprisoned, the social blowback would ensure they’ll never work again.


15 posted on 01/20/2025 12:53:13 PM PST by rarestia (“A nation which can prefer disgrace to danger is prepared for a master, and deserves one.” -Hamilton)
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To: Bruce Campbells Chin

Be creative. It can be used. If they are called before a House or Senate committee, or a grand jury, they’ll have to decide one way or the other how to respond to the pardon. And the investigations do not have to be directed at them. They can be targeted at others who may have cooperated in the potential crimes. This can most definitely be used. And if they do accept the pardon, then they will have to testify truthfully, or that’s another crime that’s not covered in the pardon. And the truth will be known. At least if things are done with intelligence.


16 posted on 01/20/2025 12:56:43 PM PST by scouter (As for me and my household... We will serve the LORD.)
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To: joshua c
would they have to elocute like a guilty plea?

No. Just accepting it is legally considered a confession of guilt.

17 posted on 01/20/2025 12:58:02 PM PST by scouter (As for me and my household... We will serve the LORD.)
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To: scouter

Pardoned felon Fauci. Sounds about right.


18 posted on 01/20/2025 1:00:51 PM PST by Libloather (Why do climate change hoax deniers live in mansions on the beach?)
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To: scouter

Yeah, but how do we handle it when we get Liz Cheney up on the stand, she’s already used her pardon, so she no longer has fifth amendment protection, and then after every question she just simply says she doesn’t remember?

Can this be an obstruction of justice charge or is it quite literally a get out of jail free card, when they just say they can’t remember every question?


19 posted on 01/20/2025 1:01:56 PM PST by suasponte137
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To: suasponte137

I’m not a lawyer, but the standard for criminal conviction is “beyond a reasonable doubt.” I would vote to convict her of perjury if she testified she could not remember because I would not have a reasonable doubt that she would be lying.


20 posted on 01/20/2025 1:05:40 PM PST by scouter (As for me and my household... We will serve the LORD.)
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