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From: moviePig <nobody@nowhere.com>
Newsgroups: rec.arts.tv,alt.radio.talk
Subject: Re: Why Biden's Last Second Pardons Were SHAMEFUL.
Date: Wed, 22 Jan 2025 14:49:28 -0500
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On 1/22/2025 1:44 PM, BTR1701 wrote:
> moviePig <nobody@nowhere.com> wrote:
>> On 1/21/2025 2:19 PM, Rhino wrote:
>>> On 2025-01-21 4:30 AM, Ubiquitous wrote:
>>>> Dana Loesch reacts to Joe Biden's final act as President by issuing
>>>> preemptive pardons to Dr. Anthony Fauci, General Mark Milley and select
>>>> members of his family.
>>>>
>>>> https://youtu.be/1SUzugSl2zU?si=hTexzTIs3GIpS2Dq
>>>>
>>>
>>> I would be very curious to see what would happen if someone contested a
>>> preemptive pardon in the courts. Let's say someone wanted to have Fauci
>>> charged with something he did during the period covered by the pardon.
>>> His lawyers would obviously cite the pardon but what if the prosecutor
>>> didn't think a preemptive pardon was a power held by the president and
>>> proceeded with the trial. Presumably any guilty verdict would be
>>> challenged on appeal but then the appeal could be challenged as well. I
>>> can't help but wonder what the Supreme Court would rule about the
>>> presidential pardon power if the case made it to them.
>>>
>>> Or have preemptive pardons already been tested in court and found to be
>>> a valid expression of a president's powers?
>>>
>>> A preemptive pardon seems like a presumption of the guilt of the
>>> recipient by the president which would seem to go against the entire
>>> presumption of innocence at the heart of the legal system.
>>
>> ...except that it was stated to be expressly NOT such a presumption.
> 
> Doesn't matter what the text of the pardon says in that regard. The courts
> have long held that accepting a pardon is an implicit admission of guilt by
> the recipient.

If a pardon is broad-based (say, for "events related to the Capitol on 
Jan 6 2021") then any admission of guilt would seem to occur only if and 
when a court-action is brought, and only for its specific charge.  I.e., 
formally accepting such a pardon surely can't be an automatic confession 
to every crime conceivable under it.