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In reply to the discussion: Will he resign to get a pardon? What say you? [View all]sir pball
(4,741 posts)20. It actually isn't legally, but there is another interesting effect...
The decision in Burdick says that a pardon "carries an imputation of guilt", but that's mere dicta with no legal weight. At least, likely so, it's never actually been decided either way in court.
What Burdick DID make crystal-clear though, a pardon categorically denies the ability to claim the Fifth. You don't have to accept a pardon, but if you do, you by definition cannot self-incriminate.
If Trump were to accept a Nixon-style blanket pardon, he couldn't personally be tried for anything but he could absolutely be hauled in front of the court, ordered to testify, and if he refused, he'd be locked up on contempt charges until such time as he changed his mind.
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I agree that pardoning himself will not work. But what guarantee would he have that Pence will
Solomon
Nov 2020
#15
He would get a two-for. A pardon and not have to face an incoming 'winner' at inauguration .
keithbvadu2
Nov 2020
#10
He'll slither into the sewers and become the creature from the DC sewage. An orange blob with eyes
Solly Mack
Nov 2020
#14
Very insightful. The inference is not particularly obvious and thus warrants merit.
WheelWalker
Nov 2020
#21