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Joined 1 year ago
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Cake day: October 9th, 2023

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  • No, they didn’t.

    “Accepting pardon is an admission of guilt” is found as dicta (non-binding commentary) in Burdick v. United States (1915).

    Recently, the courts explicitly rejected that interpretation.

    Senior U.S. Circuit Judge David Ebel declined to adopt that “draconian” reading of Burdick, saying the statement was an aside, or dicta, in the court’s overall holding on the legal effect of someone’s unaccepted pardon.

    Ebel said no court since had ever held that accepting a pardon was akin to confessing guilt and that the ruling instead simply meant that accepting one “only makes the pardonee look guilty by implying or imputing that he needs the pardon.”

    Furthermore, “actual innocence” is among the criteria used to determine who should be pardoned.


  • Sure, the president could do exactly that if he wanted to. For example, Hunter Biden was pardoned for anything he did between 2014 and today.

    Of course pardons are always retroactive, so Hunter does not get a free crime spree after his pardon.

    And presidential pardons only apply to federal prosecution. Murder is a state crime, so it is not covered by a presidental pardon.

    But if Hunter lied on his IRS forms in 2018 or committed mail fraud in 2022 or hacked a federal database last week, then yeah he officially got away with it.


  • A pardon is issued to prevent any future punishment. It does not have to give any reasons and it does not have to acknowledge a crime was committed.

    In our legal system, you are only considered guilty of something after conviction. So if a pardon prevents charges, then legally you were never guilty of anything.

    Of course you are personally free to assume whatever you want. Some people assume only guilty people are arrested, others don’t make that assumption. You can assume only guilty people are pardoned, but others don’t make that assumption.