Does accepting a presidential pardon signify guilt? PolitiFact investigates the relationship between pardons and guilt, examining legal interpretations and societal perceptions.
Does accepting a presidential pardon signify guilt? This question has been sparked by recent pardons issued by President Trump, particularly those given to figures like General Mark Milley, Dr. Anthony Fauci, and former Vice President Dick Cheney. Constitutional law experts contacted by PolitiFact clarify that the connection between pardons and guilt is more nuanced than a simple yes or no. A pardon, they emphasize, does not inherently constitute an admission of guilt.
It simply absolves the recipient of any legal consequences stemming from the pardoned actions. However, the experts acknowledge that societal perception often links pardons with guilt, potentially due to the historical hesitation of individuals to accept pardons for fear of appearing culpable. This perception is partly influenced by a Supreme Court ruling known as Burdick v. United States. While the Burdick ruling primarily dealt with the acceptance of commutations, it established the principle that pardons are legally valid only if accepted. The court noted that refusing a pardon could stem from a desire to avoid the appearance of guilt. Despite this, legal experts stress that accepting a pardon does not formally equate to confessing guilt. They point out that presidents sometimes utilize pardons to exonerate individuals, clearing them of any wrongdoing entirely. In the case of the recent pardons, experts argue that the lack of credible allegations of criminal activity against Milley, Fauci, and Cheney further supports the interpretation that these pardons were issued as acts of exoneration rather than admissions of guilt
Pardons Guilt Presidential Pardon Legal Interpretation Burdick V. United States Exoneration
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