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rdking647

(5,113 posts)
Wed Dec 2, 2020, 12:27 PM Dec 2020

trump pardoning his kids



lets say trump pardons his kids.
courts have already said accepting a pardon is an admission of guilt

lets say his kids are then indicted in state charges that the pardons dont cover.

could the acceptance of the pardon be used as evidence of their guilt on the state charges?


13 replies = new reply since forum marked as read
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beachbumbob

(9,263 posts)
1. the trump family would have to a "pre-emptive" pardon that does not exist
Wed Dec 2, 2020, 12:34 PM
Dec 2020

and no court would validate. But yes, a pardon is typically based on the admission of guilt to the underlying crime.

 

beachbumbob

(9,263 posts)
5. it was NEVER tested in court and had a defined period of time associated with it. So if trump
Wed Dec 2, 2020, 01:21 PM
Dec 2020

follows the nixon pardon, the pre-emeptive pardon would exempt indictments that occurred with criminal activity while trump was president and could not extend before he took office for crimes or extend past Jan 20th, 2021,

either way, I do not see ANY court upholding a get out free pardon for any crime committed in a lifetime that is unknown at time of the pardon. It sets new "specail above the law" scenario.

I always felt democrats missed the boat in not testing out Nixon's pardon in the courts

hlthe2b

(102,379 posts)
2. IF (and that is a big IF) the judge allowed in fact of pardon as evidence of "pattern of behavior"
Wed Dec 2, 2020, 12:37 PM
Dec 2020

that could make a difference in a state prosecution. However, my guess is that a judge would not and not only because the pardoned "crime(s)" was not specified nor prosecuted.

PoliticAverse

(26,366 posts)
3. The statement of the court that "acceptance a confession of (guilt)"
Wed Dec 2, 2020, 12:43 PM
Dec 2020

was something that needs to eventually be clarified as it simply isn't true. Can someone wrongly convicted
not accept a pardon without admitting guilt?

 

beachbumbob

(9,263 posts)
6. a pardon can be unconditional so it kinda clears the record like an exoneration
Wed Dec 2, 2020, 01:24 PM
Dec 2020

what trump is looking is to bypass the basic premise that pardons are for convictions

PoliticAverse

(26,366 posts)
8. That hasn't been a premise for a while. Nixon was pardoned without conviction...
Wed Dec 2, 2020, 01:26 PM
Dec 2020

and thousands of "draft dodgers" were also for example.

 

beachbumbob

(9,263 posts)
10. his pardon had a "time period" that crimes unknown while he was in office, it would NOT exempt him
Wed Dec 2, 2020, 01:29 PM
Dec 2020

if crimes were done before that date or committed after that date. Never was court tested. A democratic mistake for sure

Johnny2X2X

(19,118 posts)
7. The Trumps don't understand how Pardons work at all
Wed Dec 2, 2020, 01:25 PM
Dec 2020

Don't underestimate Donald's stupidity. People have probably tried to explain pardons to him, but he's probably still thinking that a presidential pardon can excuse he and his kids from all legal consequences for any actions they've ever taken in the past present or future. He has no clue what they mean or how they work.

kentuck

(111,110 posts)
9. How would you know what the pardon is for if it is not stated in the pardon?
Wed Dec 2, 2020, 01:28 PM
Dec 2020

Logic would say that a person would have to be charged with a specific crime or admits to the crime, in order to receive a pardon.

A blanket pardon does not seem legal, in my opinion, but maybe there has never been a ruling on it?

PoliticAverse

(26,366 posts)
12. For more than you might want to know on the legal history of pardons, see...
Wed Dec 2, 2020, 01:36 PM
Dec 2020

The President’s Pardon Power and Legal Effects on Collateral Consequences
Congressional Research Service (2016)
https://fas.org/sgp/crs/misc/R44571.pdf

NoRoadUntravelled

(2,626 posts)
13. Desperate tRump attempting desperate measures.
Wed Dec 2, 2020, 01:48 PM
Dec 2020

Wow. Wouldn't wannabe dictators love to become President of the United States knowing they could just pardon their family and others in advance of any charges being levied?
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