Pamela Hemphill of Idaho is one of the more than 1,500 people whom Mr. Trump pardoned earlier this year for their roles in the U.S. Capitol Insurrection.
It’s my understanding that you don’t have to accept a pardon, and that accepting one is a tacit admission of guilt, which probably opens up some interesting legal arguments once Trump is out of office.
Oh yeah, which I’ll just bet they pursue at the same breakneck pace that ensured the chief traitor got the only punishment befitting insurrection… The… presidency?
It’s not actually an admission of guilt, that was just the defense used for someone who previously rejected a pardon that they were worried it would be viewed as such
Definitely not final and can be refused. The typical refusal would come from someone who maintains their innocence and plans on fighting further, either through appeal or expungement.
I think I remember reading of one or more others that also denied pardons early on. The general vibe was that these people realize they fucked up and are taking the punishment they got. Perhaps there were others that are still fighting with no legs, but this is one of the few I think have come to grips with reality.
A reporter was ordered to divulge a source. Reporter refused, on 5th amendment grounds.
Reporter was given a blanket pardon. Government argued that because the reporter could not be convicted regardless of what they said, the reporter was compelled to testify and name the source.
SCOTUS said that accepting a pardon was tantamount to an admission of guilt. The reporter could refuse the pardon, maintain their claim of innocence, and continue to exercise their 5th amendment right against self incrimination.
I thought presidential pardons were absolute with no oversight. How can a congressman help block a pardon?
Also, can you refuse a pardon? I was also under the impression that the president signs a pardon and that’s the end of it.
I guess tomorrow will be looking for refused pardons
It’s my understanding that you don’t have to accept a pardon, and that accepting one is a tacit admission of guilt, which probably opens up some interesting legal arguments once Trump is out of office.
Oh yeah, which I’ll just bet they pursue at the same breakneck pace that ensured the chief traitor got the only punishment befitting insurrection… The… presidency?
It’s not actually an admission of guilt, that was just the defense used for someone who previously rejected a pardon that they were worried it would be viewed as such
Definitely not final and can be refused. The typical refusal would come from someone who maintains their innocence and plans on fighting further, either through appeal or expungement.
I think I remember reading of one or more others that also denied pardons early on. The general vibe was that these people realize they fucked up and are taking the punishment they got. Perhaps there were others that are still fighting with no legs, but this is one of the few I think have come to grips with reality.
Burdick v. US.
A reporter was ordered to divulge a source. Reporter refused, on 5th amendment grounds.
Reporter was given a blanket pardon. Government argued that because the reporter could not be convicted regardless of what they said, the reporter was compelled to testify and name the source.
SCOTUS said that accepting a pardon was tantamount to an admission of guilt. The reporter could refuse the pardon, maintain their claim of innocence, and continue to exercise their 5th amendment right against self incrimination.
Yes, you can refuse a pardon.