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Most famously Richard Nixon received a pardon by Ford immediately after his resignation but before any prosecution. Also, it’s any federal law, the exception i
by Retric 2y ago
Most famously Richard Nixon received a pardon by Ford immediately after his resignation but before any prosecution. Also, it’s any federal law, the exception is impeachment and nothing else.
So, pardons can very much apply before conviction or even prosecution. They may not pardon someone for something that hasn’t happened, but as long as there in office when the crime is committed that’s more a technical issue.
https://en.wikipedia.org/wiki/Burdick_v._United_States https://en.wikipedia.org/wiki/Burdick_v._United_States
After President Gerald Ford left the White House in 1977, close friends said that the President privately justified his pardon of Richard Nixon by carrying in his wallet a portion of the text of the Burdick decision, which stated that a pardon carries an imputation of guilt and that acceptance carries a confession of guilt.[6] Ford made reference to the Burdick decision in his post-pardon written statement furnished to the Judiciary Committee of the United States House of Representatives on October 17, 1974.[7] However, the reference related only to the portion of Burdick that supported the proposition that the Constitution does not limit the pardon power to cases of convicted offenders or even indicted offenders.[7][8]
- chrisco255 2y ago> pardons can very much apply before conviction or even prosecution Is this really the case? Has this specific situation ever been ruled on by the Supreme Court? Burdick v. U.S. doesn't address "pre-pardons" or blanket pardons. Nixon was never prosecuted or tried.
- Retric 2y agoThe specific situation applied in Burdick. The court ruled they could reject a pardon given before prosecution thus avoiding the need to testify about someone else. It would be a moot point if the pardon was invalid.
- lupire 2y agoTo be clear "they" (who can reject a person) is the recipient of the pardon, not the court. https://en.m.wikipedia.org/wiki/Burdick_v._United_States https://en.m.wikipedia.org/wiki/Burdick_v._United_States But that's not the relevant part of Burdock for this thread. The relevant part is that an (accepted!) pardon does apply before indictment.
- deleted 2y ago[deleted]