Can a person refuse a presidential pardon?Why is the US president allowed to grant a pardonIf a person...
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Can a person refuse a presidential pardon?
Why is the US president allowed to grant a pardonIf a person accepts a presidential pardon, can they be forced to talk about the crimes they were pardoned of?Could the SCOTUS void a Presidential Pardon?Can presidential pardons be made and then classified as secret to avoid making the pardon public?Can the current President of the United States block the transfer of their office to the next elected president?Can the US President pardon himself?Where can I find the text of Joe Arpaio's Presidential Pardon?Can the US president pardon a non-US citizen?The politics of the US presidential pardon in 2018Why doesn't the Presidential Pardon power extend to State Crimes?How Could Michael Cohen Stand to Benefit by Lying to Congress AgainIf a person accepts a presidential pardon, can they be forced to talk about the crimes they were pardoned of?
Michael Cohen, a former personal attorney of President Trump, in recent testimony before Congress, stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?
united-states president pardon
edited Feb 28 at 14:00
Michael_B
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
|
show 6 more comments
Michael Cohen, a former personal attorney of President Trump, in recent testimony before Congress, stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?
united-states president pardon
edited Feb 28 at 14:00
Michael_B
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
43
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
11
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
7
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
1
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
11
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02
|
show 6 more comments
Michael Cohen, a former personal attorney of President Trump, in recent testimony before Congress, stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?
united-states president pardon
edited Feb 28 at 14:00
Michael_B
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
Michael Cohen, a former personal attorney of President Trump, in recent testimony before Congress, stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?
united-states president pardon
united-states president pardon
edited Feb 28 at 14:00
Michael_B
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
edited Feb 28 at 14:00
Michael_B
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
edited Feb 28 at 14:00
Michael_B
7,73842329
edited Feb 28 at 14:00
Michael_B
7,73842329
edited Feb 28 at 14:00
Michael_B
7,73842329
7,73842329
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
asked Feb 28 at 1:53
spmoosespmoose
1,4503820
1,4503820
43
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
11
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
7
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
1
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
11
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02
|
show 6 more comments
43
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
11
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
7
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
1
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
11
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02
43
43
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
11
11
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
7
7
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
1
1
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
11
11
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02
|
show 6 more comments
4 Answers
4
active
oldest
votes
It is possible to reject a pardon. Referring to United States v. Wilson:
There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.
There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".
answered Feb 28 at 2:33
TelekaTeleka
2,930822
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
|
show 7 more comments
The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".
The case is touched upon in a previous answer to this post.
Here are excerpts from an article describing the case:
The Man Who Refused A
Pardon ~ CBMC
International
In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.
In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."
Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2. Porter was executed on schedule, but Wilson was not.
Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges. Wilson would have to serve only a
prison term of 20 years for his other crimes.
Incredibly, George Wilson refused the pardon!
An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."
The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."
Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."
(emphasis mine)
Reference:
- United States v. Wilson, 1833
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
add a comment |
Certainly in the UK at least one person has refused a pardon, on the grounds that accepting the pardon implied their accepting the guilt of the action in the first place. They were attempting to prove they did not commit the act in the first place.
There is a difference between 'you did it but we forgive you' and 'you didn't do it' and the person wanted to prove they didn't do it. The same could hold true for a presidential pardon, but I suspect that Michael Cohen, having admitted his guilt, is making a different point.
answered Feb 28 at 16:51
houninymhouninym
311
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8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
add a comment |
Frank Abagnale has famously turned down 3 presidential pardons. Though in his case all were after the prison sentence had been served.
answered yesterday
drjpizzledrjpizzle
1211
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add a comment |
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4 Answers
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4 Answers
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It is possible to reject a pardon. Referring to United States v. Wilson:
There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.
There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".
answered Feb 28 at 2:33
TelekaTeleka
2,930822
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
|
show 7 more comments
It is possible to reject a pardon. Referring to United States v. Wilson:
There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.
There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".
answered Feb 28 at 2:33
TelekaTeleka
2,930822
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
|
show 7 more comments
It is possible to reject a pardon. Referring to United States v. Wilson:
There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.
There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".
answered Feb 28 at 2:33
TelekaTeleka
2,930822
It is possible to reject a pardon. Referring to United States v. Wilson:
There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.
There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".
answered Feb 28 at 2:33
TelekaTeleka
2,930822
answered Feb 28 at 2:33
TelekaTeleka
2,930822
answered Feb 28 at 2:33
TelekaTeleka
2,930822
answered Feb 28 at 2:33
TelekaTeleka
2,930822
2,930822
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
|
show 7 more comments
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
26
26
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?
– zibadawa timmy
Feb 28 at 3:47
33
33
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
@zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.
– PoloHoleSet
Feb 28 at 4:47
5
5
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
Can someone elaborate on the implications of waiving fifth amendment rights on accepting a pardon?
– Mindwin
Feb 28 at 12:12
21
21
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
@Mindwin If you get asked a question under oath which would force you to admit to a crime if answered truthfully, i.e you would incriminate yourself as to having commited a crime, then you can choose not to answer by "pleading the fifth" e.g. invoking the fifth amendment's protection against self incrimination. Most western nations have this right. If you get pardoned for a crime, it's essentially not a crime anymore, so you can't rely on fifth amendment protections to allow you to opt out of being asked about the details.
– Magisch
Feb 28 at 12:27
7
7
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
@PoloHoleSet in a recent ruiling (Timbs v. Indiana), SCOTUS talks about Magna Carta to establish the length of precedent for the basis of their ruling. They are acknowledging that US law didn't spring from nothing in 1776
– Caleth
Feb 28 at 13:54
|
show 7 more comments
The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".
The case is touched upon in a previous answer to this post.
Here are excerpts from an article describing the case:
The Man Who Refused A
Pardon ~ CBMC
International
In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.
In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."
Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2. Porter was executed on schedule, but Wilson was not.
Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges. Wilson would have to serve only a
prison term of 20 years for his other crimes.
Incredibly, George Wilson refused the pardon!
An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."
The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."
Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."
(emphasis mine)
Reference:
- United States v. Wilson, 1833
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
add a comment |
The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".
The case is touched upon in a previous answer to this post.
Here are excerpts from an article describing the case:
The Man Who Refused A
Pardon ~ CBMC
International
In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.
In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."
Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2. Porter was executed on schedule, but Wilson was not.
Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges. Wilson would have to serve only a
prison term of 20 years for his other crimes.
Incredibly, George Wilson refused the pardon!
An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."
The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."
Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."
(emphasis mine)
Reference:
- United States v. Wilson, 1833
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
add a comment |
The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".
The case is touched upon in a previous answer to this post.
Here are excerpts from an article describing the case:
The Man Who Refused A
Pardon ~ CBMC
International
In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.
In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."
Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2. Porter was executed on schedule, but Wilson was not.
Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges. Wilson would have to serve only a
prison term of 20 years for his other crimes.
Incredibly, George Wilson refused the pardon!
An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."
The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."
Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."
(emphasis mine)
Reference:
- United States v. Wilson, 1833
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".
The case is touched upon in a previous answer to this post.
Here are excerpts from an article describing the case:
The Man Who Refused A
Pardon ~ CBMC
International
In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.
In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."
Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2. Porter was executed on schedule, but Wilson was not.
Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges. Wilson would have to serve only a
prison term of 20 years for his other crimes.
Incredibly, George Wilson refused the pardon!
An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."
The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."
Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."
(emphasis mine)
Reference:
- United States v. Wilson, 1833
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
edited Feb 28 at 11:29
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
answered Feb 28 at 3:46
Michael_BMichael_B
7,73842329
7,73842329
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
add a comment |
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
6
6
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
If a pardon is not completed without acceptance, what does that mean for posthumous pardons?
– CactusCake
2 days ago
2
2
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
Like for any legal matter, the pardon can be accepted or challenged by the deceased person's estate. But I would presume that in such cases acceptance is simply implied. @CactusCake
– Michael_B
2 days ago
add a comment |
Certainly in the UK at least one person has refused a pardon, on the grounds that accepting the pardon implied their accepting the guilt of the action in the first place. They were attempting to prove they did not commit the act in the first place.
There is a difference between 'you did it but we forgive you' and 'you didn't do it' and the person wanted to prove they didn't do it. The same could hold true for a presidential pardon, but I suspect that Michael Cohen, having admitted his guilt, is making a different point.
answered Feb 28 at 16:51
houninymhouninym
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
add a comment |
Certainly in the UK at least one person has refused a pardon, on the grounds that accepting the pardon implied their accepting the guilt of the action in the first place. They were attempting to prove they did not commit the act in the first place.
There is a difference between 'you did it but we forgive you' and 'you didn't do it' and the person wanted to prove they didn't do it. The same could hold true for a presidential pardon, but I suspect that Michael Cohen, having admitted his guilt, is making a different point.
answered Feb 28 at 16:51
houninymhouninym
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
add a comment |
Certainly in the UK at least one person has refused a pardon, on the grounds that accepting the pardon implied their accepting the guilt of the action in the first place. They were attempting to prove they did not commit the act in the first place.
There is a difference between 'you did it but we forgive you' and 'you didn't do it' and the person wanted to prove they didn't do it. The same could hold true for a presidential pardon, but I suspect that Michael Cohen, having admitted his guilt, is making a different point.
answered Feb 28 at 16:51
houninymhouninym
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Certainly in the UK at least one person has refused a pardon, on the grounds that accepting the pardon implied their accepting the guilt of the action in the first place. They were attempting to prove they did not commit the act in the first place.
There is a difference between 'you did it but we forgive you' and 'you didn't do it' and the person wanted to prove they didn't do it. The same could hold true for a presidential pardon, but I suspect that Michael Cohen, having admitted his guilt, is making a different point.
answered Feb 28 at 16:51
houninymhouninym
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered Feb 28 at 16:51
houninymhouninym
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered Feb 28 at 16:51
houninymhouninym
311
answered Feb 28 at 16:51
houninymhouninym
311
311
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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houninym is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
add a comment |
8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
8
8
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
Welcome to Politics! However, I don't really see how this answers the question. The fact that someone in the UK refused a pardon doesn't say anything about whether or not someone in the U.S. can refuse a pardon. The rest of this answer is speculation about Michael Cohen's motives. Whether or not Cohen is trying to avoid an implication of guilt, can he refuse a presidential pardon?
– Null
Feb 28 at 17:00
6
6
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
@houninym Who was that person? Adding that detail would make this an interesting and useful answer.
– Ben
2 days ago
4
4
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
@Null US law is based on English law as it existed in 1776. Many other countries' laws are also based on English law, from Canada, Australia, India, China, Thailand and many others. SCOTUS often refers to foreign judgements as points of comparison even though they are obviously not binding, and other countries do the same to SCOTUS judgements. People refusing pardons in other countries is relevant.
– Ben
2 days ago
add a comment |
Frank Abagnale has famously turned down 3 presidential pardons. Though in his case all were after the prison sentence had been served.
answered yesterday
drjpizzledrjpizzle
1211
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add a comment |
Frank Abagnale has famously turned down 3 presidential pardons. Though in his case all were after the prison sentence had been served.
answered yesterday
drjpizzledrjpizzle
1211
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add a comment |
Frank Abagnale has famously turned down 3 presidential pardons. Though in his case all were after the prison sentence had been served.
answered yesterday
drjpizzledrjpizzle
1211
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Frank Abagnale has famously turned down 3 presidential pardons. Though in his case all were after the prison sentence had been served.
answered yesterday
drjpizzledrjpizzle
1211
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answered yesterday
drjpizzledrjpizzle
1211
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answered yesterday
drjpizzledrjpizzle
1211
answered yesterday
drjpizzledrjpizzle
1211
1211
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add a comment |
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43
@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.
– vsz
Feb 28 at 7:08
11
It's worth correcting the opening statement of the OP's question. Michael Cohen did not say that he would not accept a presidential pardon. The transcript (nytimes.com/2019/02/27/us/politics/…) of the opening statement of his testimony shows that he said, "I have never asked for, nor would I accept, a pardon from President Trump." That's quite a different matter from the more general assertion that he would not accept a presidential pardon.
– user02814
Feb 28 at 8:33
7
A pardon does not nullify the crime. A pardon forgives the guilty plea for a crime (you cannot pardon a non-guilty party). Thus a person may reject a pardon if they intend to prove their innocence.
– slebetman
Feb 28 at 8:50
1
Follow-up question: can a president refuse a presidential pardon from himself?
– Julien Lopez
Feb 28 at 9:21
11
@zakinster yes indeed - but I think user02814's point is that Cohen's assertion leaves open the question of accepting a presidential pardon from a president other than Trump.
– James Martin
Feb 28 at 11:02