Posted on 01/20/2025 12:36:06 PM PST by scouter
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 ...
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.
bkmk
Thank you for posting this.
Thanks for posting.
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.
nice. thanks.
FYI
Correct...as I said in a few posts today, Biden gave us a gift if we know what to do with it.
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.
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.
This might explain why Milley’s portrait was removed. He apparently accepted, and the military said, “Nope.”
So, just to be clear...
Anyone, and I mean ANYONE that accepts a pardon, is automatically a FELON!!!!
would they have to elocute like a guilty plea?
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.
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.
No. Just accepting it is legally considered a confession of guilt.
Pardoned felon Fauci. Sounds about right.
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?
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.
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