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apcalc

(4,465 posts)
Sat Jan 16, 2021, 01:50 PM Jan 2021

Question- let's say Trump pardons himself.

Assuming it is even possible, does that “only” cover past crimes?

I’m thinking he is a lifetime criminal... will continue with tax fraud, money laundering, etc.
Can he be charged with future crimes?

Similarly, re: his children/Jared being pardoned and committing future crimes.

Assume they can be charged ...

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The Velveteen Ocelot

(115,733 posts)
1. Pardons apply only to past crimes.
Sat Jan 16, 2021, 01:51 PM
Jan 2021

If you commit another crime following a pardon, the pardon won't apply to it and you can be prosecuted.

Bernardo de La Paz

(49,005 posts)
5. Ford pardonned Nixon wo any charges. But by SCotUS 1915 case, accepting pardon is accepting guilt
Sat Jan 16, 2021, 02:23 PM
Jan 2021

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]


tinrobot

(10,903 posts)
6. And if he accepts guilt, his libaility for civil action increases massivley.
Sat Jan 16, 2021, 02:31 PM
Jan 2021

He can't pardon civil cases.

So if he pardons himself for inciting the insurrection, he admits guilt. That means he could be on the hook for anything related to that, including wrongful death suits.

 

StarfishSaver

(18,486 posts)
8. It isn't settled law that acceptance of a pardon is a conclusive admission of guikt
Sat Jan 16, 2021, 02:47 PM
Jan 2021

But it is strong support for an inference of guilt

Bernardo de La Paz

(49,005 posts)
7. Charge tRump pardonnees & force them to admit guilt.
Sat Jan 16, 2021, 02:39 PM
Jan 2021

I wonder at what point they can assert a pardon? Perhaps when first charged. Or maybe they can be convicted first if they don't assert the pardon right away.

It would also be a way to get cases and evidence into the courts.

Response to apcalc (Original post)

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