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Mon Jan 18, 2021, 08:33 AM

Rioters seeking pardons admitting guilt?

We all know how misinformation leads some into very dark actions.
The Capitol Insurgency is a perfect example of 'lemmings over the cliff' brainwashing.
Not understanding is not an excuse. There is 'cause & effect' for any action in our nation.

Knowingly entering a secure site (the capitol) which is clearly signed and guarded, and then after warnings to not enter..one decides to enter could not be misunderstood. Every single person, at the capitol, on Jan 6th violated at least one law.
Since then, there are many who are realizing the fact that actions have consequences.

Now, there is a flood of people seeking last minute pardons from Trump for their part in the coup attempt.
The pardon requests, since the coup attempt, will help the FBI find and indict many of the traitors.

When you request a pardon, you are admitting guilt to committing a serious crime.

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Reply Rioters seeking pardons admitting guilt? (Original post)
SmartVoter22 Jan 2021 OP
Bernardo de La Paz Jan 2021 #1

Response to SmartVoter22 (Original post)

Mon Jan 18, 2021, 08:40 AM

1. Yes, funny thing about pardons, you can still be charged with a crime & be formally forced to admit


... in court.

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 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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