General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumstrump 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?
beachbumbob
(9,263 posts)and no court would validate. But yes, a pardon is typically based on the admission of guilt to the underlying crime.
Lochloosa
(16,069 posts)beachbumbob
(9,263 posts)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)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)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)what trump is looking is to bypass the basic premise that pardons are for convictions
PoliticAverse
(26,366 posts)and thousands of "draft dodgers" were also for example.
beachbumbob
(9,263 posts)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)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)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?
beachbumbob
(9,263 posts)PoliticAverse
(26,366 posts)The Presidents Pardon Power and Legal Effects on Collateral Consequences
Congressional Research Service (2016)
https://fas.org/sgp/crs/misc/R44571.pdf
NoRoadUntravelled
(2,626 posts)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?