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Law selectors, pages, etc.
Fact: A person who has been pardoned can't claim 5th Amendment protection
By HatetheSwamp
January 15, 2025 10:53 am
Category: Law

(0.0 from 0 votes)
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... a person who has been pardoned cannot claim the Fifth Amendment in a legal proceeding. A pardon removes the guilt and punishment for a crime, making the person as if they had never committed it.

Explanation
The Fifth Amendment protects people from being forced to incriminate themselves.
A pardon relieves a person of all legal consequences for a crime.
If a person is compelled to testify after receiving a pardon, the Fifth Amendment does not apply to statements about that crime.


Ole pb said earlier that that "dithering and diminished" "feckless dementia-ridden" Doddering Old Fool best better pardon himself because Hunter won't be able to claim the 5th... if criminal charges are brought against the Biden Crime Family. Keehee ha!

Comments Start Below


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Comments on "Fact: A person who has been pardoned can't claim 5th Amendment protection ":

  1. by Curt_Anderson on January 15, 2025 12:29 pm
    Your premise is faulty, HtS. Substitute "Biden" for "Trump" in the following excerpts of this article.

    Trump's kids won't lose their 5th Amendment rights and be forced to testify against him if they're pardoned, experts say

    The theory goes like this: If Trump pardons people, they'll no longer have the Fifth Amendment right against self-incrimination and will be forced to testify in cases that could implicate Trump.

    "Anyone who says that, as a blanket proposition, anyone pardoned by Trump cannot invoke the Fifth Amendment privilege — that is just misguided, misplaced," Randy Zelin, a criminal-defense lawyer at Wilk Auslander and an adjunct professor at Cornell Law School, told Insider. "It is completely oversimplifying and missing the issue."
    businessinsider.com


  2. by HatetheSwamp on January 15, 2025 1:00 pm

    Curt,

    Do you know who will be running the DOJ starting Monday. Plus, the Supreme Court. And, the Senate and House and White House?


  3. by Curt_Anderson on January 15, 2025 1:10 pm
    Sure, I know who is the likely next AG and all about the next administration and the SCOTUS. Their prejudices and predilections notwithstanding, we are not a dictatorship...yet.

    Alan Dershowitz, the famed Harvard law professor, criminal-defense lawyer, and constitutional scholar, told Insider that the Fifth Amendment could be invoked to protect against prosecution in those cases as well.

    "A creative lawyer can find bases for invoking the Fifth Amendment even in the face of a pardon," Dershowitz, who was on Trump's impeachment defense team, told Insider.

    If Trump, for example, pardoned someone for perjury, they could still invoke the Fifth Amendment and refuse to testify on the grounds that they may incriminate themselves in laws against lying to a federal official. Many federal crimes also have matching state-level statues, Dershowitz pointed out, which may give prosecutors more options but also effectively ensures the Fifth Amendment can still apply even after a pardon.

    "If there's anything else that he could be prosecuted for other than what he was pardoned for, he still has the Fifth Amendment," Dershowitz said.


  4. by HatetheSwamp on January 15, 2025 1:38 pm

    You are truly a glass-is-half-full guy. Good luck with that.


  5. by Indy! on January 15, 2025 2:20 pm

    Briown Shorts explanation sounds like the kind of... ahem... information the Aussie Fiction Factory disseminates to their low info/IQ clones on a daily basis.


  6. by meagain on January 15, 2025 2:30 pm
    The right not to self-incriminate goes back to 16th-century England. It was introduced then as a bulwark against the abuses of the Inquisition. It is a right in all Common Law countries and, I think, in all advanced societies now. The USA would have that right, whether in the Bill of Rights or not. There would be no exceptions or loopholes.


  7. by Curt_Anderson on January 15, 2025 3:49 pm
    "A pardon removes the guilt". --HtS

    Not quite. In 1915, the Supreme Court indeed said, of pardons, that “acceptance” carries “a confession of” guilt. Burdick v. United States (1915). "[A pardon] carries an imputation of guilt and acceptance of a confession of it".

    A murderer may get a pardon after killing someone, but that doesn't excuse the murderer from lawsuits from the victim's survivor. OJ was fond not guilty in criminal court, but found liable in civil court.

    A pardon is not an exoneration.






    supreme.justia.com


  8. by Indy! on January 15, 2025 4:30 pm

    MAGAts and the law.... snicker. To be fair, they're just repeating the lies they hear on Fox.


  9. by HatetheSwamp on January 16, 2025 2:54 am

    Curt,

    Trust me. If Pam Bondi decides to investigate the Biden Crime Family, Hunter won't be able to avoid testifying before the Grand Jury, baha.


  10. by meagain on January 16, 2025 8:30 am
    Re Curt's post on pardons and civil suits. Most of the criminal cases against Trump seem to me to have victims. They should all be encouraged to take civil action against him. Bankrupt him and keep him too tied up in Court to do much mischief.


  11. by Curt_Anderson on January 16, 2025 8:37 am
    HtS,
    If “the Biden crime family” were the subject of a grand jury investigation, Hunter would not to notified much less called as a witness.

    Since you apparently don’t know, grand jury proceedings are secret to protect the jurors and witnesses, and to prevent the escape of potential defendants.


  12. by HatetheSwamp on January 16, 2025 8:42 am

    "If “the Biden crime family” were the subject of a grand jury investigation, Hunter would not to notified much less called as a witness."

    Why not!!!!!? He was Joe's pawn. The flunkey.


    "Since you apparently don’t know, grand jury proceedings are secret to protect the jurors and witnesses, and to prevent the escape of potential defendants."

    Right. What we get is the indictment... which po reads like it's porn.



  13. by Curt_Anderson on January 16, 2025 9:23 am
    HtS, your last post is a non sequitur regarding pardons or the Fifth Amendment. However I am pleased you have upgraded your assessment of Joe Biden’s intellect to the point that he has a flunky.

    Meagain, I had similar thoughts. I suspected that Jack Smith released his January 6th report with the thought that injured Capitol police and others can use that information in their lawsuits against Trump.



  14. by HatetheSwamp on January 16, 2025 9:55 am

    Curt,

    "That feckless dementia-ridden piece of crap" wasn't a "feckless dementia-ridden piece of crap" forever. Based on my dad's journey, I'm guessing that dementia only began to get the better of him, maybe six?, seven?, years ago.

    And, we know that he was a crooked liar by the time he had to withdraw from the 88 presidential race.


  15. by Curt_Anderson on January 16, 2025 10:07 am
    HtS, so you think Joe Biden has had senile dementia for a while. But you think he’s had it for less time than the period of time that the statutes limitations on his various crimes would’ve elapsed.



  16. by HatetheSwamp on January 16, 2025 10:36 am

    Curt,

    You are the former Supreme Court clerk. I don't know about statutes of limitations... and, I wasn't paying much attention to Joe during the crucial time.

    You may recall that, from early on in the 020 primary season, even while he was losing in Iowa and New Hampshire, I was saying that Joe reminded me of my dad.

    Before that, I recall, after the Hillary debacle in 016, I saw an interview of Joe and note on the old forum that he would have been a better candidate than Hillary.

    Between late 016 and early 020, Joe's cognitive state declined significantly.


  17. by Curt_Anderson on January 16, 2025 12:11 pm
    “I don't know about statutes of limitations...” —-HtS

    List Joe Biden’s supposed crimes and any evidence you know of. I’ll try and find what the statute of limitations are.


  18. by HatetheSwamp on January 16, 2025 12:16 pm

    Huh?

    You're the one who brought up the statute of limitations. I ain't a prosecutor.

    After Hunter testifies before the Federal Grand Jury, baha,... and the indictment is published, only then will we know.

    All pb's saying is that Hunter's access to the 5th Amendment has been limited by his pardon.


  19. by Curt_Anderson on January 16, 2025 12:36 pm
    HtS, wait, what?! You go on and on about “the Biden crime family” but cannot list a single crime. They don’t make crime families like they used to.

    Hunter Biden was specifically pardoned for crimes that Special Counsel David Weiss prosecuted. Namely a gun application charge and an income tax charge. Hunter has Fifth Amendment protection for any other crimes he might be accused.


  20. by HatetheSwamp on January 16, 2025 1:50 pm

    A Full and Unconditional Pardon

    For those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted (including any that have resulted in convictions) by Special Counsel David C. Weiss...


    You are sooooooo full of $#!t.


  21. by Curt_Anderson on January 16, 2025 2:28 pm
    The operative words are “all offenses charged or prosecuted”. My understanding is pardons cover only known (possible) crimes that are mentioned or at least alluded to in the pardon. The legal effect "open pardons" has not been determined by the judiciary. For example, President Gerald Ford pardoned Richard Nixon over any possible crimes connected with the Watergate scandal.

    Under the U.S. Constitution, the president has broad power to pardon someone before they are indicted, convicted or sentenced for a federal offense against the United States. This means a person can be pardoned for crimes they haven’t actually been charged with. However, a pardon cannot apply to future conduct, only past offenses.

    Article II, Section 2, Clause 1 of the Constitution reads:
    “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

    Anyway, prosecutors would need to prove that Hunter Biden was pardoned for the crimes you imagine he committed with his father. Otherwise your claim is moot that Hunter loses his Fifth Amendment rights.


  22. by HatetheSwamp on January 16, 2025 2:38 pm

    but not limited to all offenses charged or prosecuted

    Hunter has been ubiquitously pardoned.


  23. by Curt_Anderson on January 16, 2025 5:30 pm
    HtS,
    That's great news! Hunter is in the clear and as Dershowitz said, "a creative lawyer can find bases for invoking the Fifth Amendment even in the face of a pardon". It'll be tough to mount a case against his old man without Hunter's testimony.


  24. by HatetheSwamp on January 16, 2025 5:33 pm

    Are all Good Germans as glass is half full as are you?


  25. by Curt_Anderson on January 16, 2025 5:37 pm
    Actually, my cup runneth over.


  26. by HatetheSwamp on January 17, 2025 3:38 am

    Baha. Obviously.


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