By Free Republic | Created at 2025-01-21 15:32:39 | Updated at 2025-01-24 00:43:52
2 days ago
Two Tiered Justice: Biden Pardons Family, DOJ tells J6ers Accepting Pardon Is ‘Admission of Guilt’
American Greatness ^ | 20 Jan, 2025 | AG Staff
Posted on 01/21/2025 6:13:01 AM PST by MtnClimber
Former president Joe Biden’s last minute pardons of family and favored cronies may not end up being the shield of justice that some are hoping it will be.
Especially since the U.S. Department of Justice sent a message to Jan 6 defendants informing them that accepting a pardon from President Donald Trump would be “a confession of guilt for their crimes.”
Back in December, federal prosecutors, arguing a Jan 6 case in front of U.S. District Judge Carl Nichols, told the court that “[a] pardon at some unspecified date in the future … would not unring the bell of conviction,” adding, “In fact, quite the opposite. The defendant would first have to accept the pardon, which necessitates a confession of guilt.”
According to Politico, Trump has pledged to grant clemency to many of the more than 1,600 individuals charged in connection with the January 6, 2021 disturbance at the U.S. Capitol.
Investigative reporter Glenn Greenwald notes that Democrats and corporate media have long claimed that Trump would abuse the pardon power and destroy democracy and the rule of law in order to benefit his friends and family, when this is exactly what Biden has done.
U.S. case law has long held that a pardon is an act of grace but does not become effective until accepted by the person being pardoned.
Supreme Court Justice Joseph McKenna, writing the majority opinion in the case of Burdick v. United States (1915), stated that,”acceptance of a pardon implies an acknowledgement of guilt.”
Today, we are witnessing that “grace” at work for the politically well-connected Biden claque, including key J6 committee members, but with a DOJ promise of renewed determination to go after J6 defendants if such grace is offered them.
The Trump administration has its work cut out for it.
TOPICS: Society
KEYWORDS: leftism; r
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1 posted on 01/21/2025 6:13:01 AM PST by MtnClimber
To: MtnClimber
I think there are lots of leftists in DOJ that are about to be FIRED.
2 posted on 01/21/2025 6:13:25 AM PST by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
To: MtnClimber
I don’t listen to Leftists or the media unless I want a good laugh.
3 posted on 01/21/2025 6:13:47 AM PST by 1Old Pro
To: MtnClimber
LOL F THE DOJ, THROW THEM ALL OUT NOW!
To: MtnClimber
When will the new DOJ head be voted on by the Senate. We need to clean the damn place out.
5 posted on 01/21/2025 6:15:22 AM PST by Sacajaweau
To: MtnClimber
6 posted on 01/21/2025 6:17:41 AM PST by grobdriver (The CDC can KMA!)
To: MtnClimber
So all the Biden’s and January 6th Committee are guilty?
7 posted on 01/21/2025 6:19:29 AM PST by Lockbox (politicians, they all seemed like game show host to me.... Sting)
To: MtnClimber
8 posted on 01/21/2025 6:19:29 AM PST by kiryandil (No one in AZ that voted for Trump voted for Gallego )
To: MtnClimber
“...DOJ tells J6ers Accepting Pardon Is ‘Admission of Guilt’...”
Well, if that’s the case, why did the DOJ keep them on ice for all this time without trying them?
9 posted on 01/21/2025 6:19:41 AM PST by SMARTY (In politics, stupidity is not a handicap. Napoleon Bonaparte I)
To: Lockbox
So all the Biden’s and January 6th Committee are guilty?
Looks like...
10 posted on 01/21/2025 6:20:13 AM PST by kiryandil (No one in AZ that voted for Trump voted for Gallego )
To: MtnClimber
Yes, by law, if they’ve been convicted, their convictions stand. But acceptance of a pardon is not an acceptance of guilt on the part of the person being pardoned. This is established law.
11 posted on 01/21/2025 6:21:25 AM PST by Chengdu54 (This is a time for which the 2nd Amendment was intended. )
To: kiryandil
Biden didn’t pardon himself. Does that make him fair game?
12 posted on 01/21/2025 6:22:24 AM PST by Rainwave ("Work out your OWN salvation with fear and trembling")
To: MtnClimber
So a single justice in 1915 gives his opinion and that’s it? F**k that. They should all have their convictions totally expunged.
13 posted on 01/21/2025 6:23:46 AM PST by montag813
To: MtnClimber
I tried to read Burdick v. United States but I have trouble understanding Legalese. As near as I can tell, accepting a pardon is strictly up to the accused and the state doesn’t have the authority to force acceptance. Does it require a confession? Not in so many words.
14 posted on 01/21/2025 6:25:43 AM PST by EandH Dad (sleeping giants wake up REALLY grumpy)
To: Chengdu54
You are wrong. read the article and even better read the case law
Burdick v. United States (1915), it is been the court precedent since 1915 that accepting a pardon implies admission of guilt, in fact it is actually required as that is how they justified a person can refuse a pardon, which would then allow them to maintain they are not guilty. It is how they justified the loss of 5th amendment rights once pardoned, because you can no longer self incriminate yourself, ergo you cannot claim the 5th.
15 posted on 01/21/2025 6:26:21 AM PST by Skwor
To: MtnClimber
This message was sent last year. Who ever sent it should have to send it to all of Biden’s pardons before they are fired.
To: MtnClimber
Find & fire everyone connected with this message.
17 posted on 01/21/2025 6:27:46 AM PST by wny
To: Rainwave
Biden didn’t pardon himself. Does that make him fair game?
The calculations were that the old pedo is senile, and that precedence is that US presidents don't get prosecuted.
Of course, the Democrats threw that second baby out with the bathwater with the persecution of President Trump.
18 posted on 01/21/2025 6:30:18 AM PST by kiryandil (No one in AZ that voted for Trump voted for Gallego )
To: EandH Dad
It does not require a confession, the guilt is implied, if guilt was not a requirement for the pardon a person would still be allowed. Specifically it was the implicit.
“...the Supreme Court’s opinion stated that a pardon carries “an imputation of guilt and acceptance of a confession of it,” this was part of the Court’s dictum for the case....”
That is the crux of the ruling in 1915.
19 posted on 01/21/2025 6:31:16 AM PST by Skwor
To: MtnClimber
Now following the DOJ’s “logic”...Fauci...Milley...the Biden Family have all just what?
20 posted on 01/21/2025 6:32:29 AM PST by Frank Drebin (And don't ever let me catch you guys in America!)
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