He decided to bet everything on this instead of taking the obvious escape route of resigning during the lame duck period and having President Pence give him a general pardon (Which is... one of those loopholes that we should've closed by now honestly)https://twitter.com/BrianWithCheese/status/1326384373936091136 …
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Replying to @arthur_affect @CZEdwards
Is it possible to pardon someone from state-law charges? I thought a pardon was no good for getting him out from the wrath of the NY AG.
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And wouldn’t constitute an admission of guilt? Like it would be funny if Trump rage quits, Pence becomes president, pardons Trump, Trump publicly accepts pardon, Trump gets prosecuted, and then that acceptance of said pardon is admitted into the record as evidence...
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Well, this isn't really true A pardon has no specific, clear meaning re: "guilt" or "innocence", it's just a statement the government will no longer be pursuing any action against you for your crimes
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Supreme Court disagrees for the last century. Burdick v United States, 1915. (Also, the DoJ refuses to admit they ever screw up, so their guidelines cannot admit that someone could have been falsely convicted in federal court, therefore, thou shalt not maintain innocence...
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Hmm, I actually didn't know about this This complicates the thing I vaguely heard about a while back about someone saying they rejected a pardon because they weren't guilty
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Replying to @arthur_affect @CZEdwards and
US v. Wilson (1833) apparently does say you can formally reject a pardon, although this was someone who was already convicted, sentenced and awaiting execution I'm not sure what would happen if you refused a pardon before you were even formally charged
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Replying to @arthur_affect @CZEdwards and
Well, the Susan B. Anthony Museum "rejected" Trump's pardon on her behalf, but obviously they don't have the authority to accept or reject anything on her behalf in a legal sense, and also obviously it's moot
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Replying to @arthur_affect @CZEdwards and
Although that was different logic, saying to accept the pardon is to validate the corrupt system that produced the original conviction I'm not sure that logic holds -- 90% of the time the defense people give of the pardon power is it's a last resort to *reject* a broken system
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Like if you know someone was convicted because of a badly corrupt justice system, the symbolic posthumous pardon is the only formal recourse you have for repudiating it, that's the only reason to do it ...Pretty sure the museum only said this because it was coming from Trump
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