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what does it mean when he commutes stone's sentence? (Original Post) demtenjeep Jul 2020 OP
Doesn't that mean Stone admits guilt & must freely participate in any othr criminal investigation? TheBlackAdder Jul 2020 #1
No, that's a pardon. If he'd accepted a pardon he'd have to admit guilt, The Velveteen Ocelot Jul 2020 #4
But it does mean he is still a convicted felon (7 felonies). madinmaryland Jul 2020 #8
Yes, it does. The Velveteen Ocelot Jul 2020 #10
People keep posting this. former9thward Jul 2020 #30
Not so. Confession is imputed by acceptance. Burdick v. United States, 236 U.S. 79 (1915): The Velveteen Ocelot Jul 2020 #32
No. former9thward Jul 2020 #35
Thanks for clarifying it and clearing my confusion. TheBlackAdder Jul 2020 #33
Had He Been Pardoned, Sir, Yes The Magistrate Jul 2020 #5
It means he doesn't have to go to prison, although The Velveteen Ocelot Jul 2020 #2
No Jail, Conviction Stands The Magistrate Jul 2020 #3
Zippy doesn't have to go to jail. BigmanPigman Jul 2020 #6
It could get thrown out in court. Stone's tweet ensures it. donkeypoofed Jul 2020 #7
It can't be thrown out in court because, like pardons, The Velveteen Ocelot Jul 2020 #9
" ...except in cases of impeachment" cureautismnow Jul 2020 #17
No, what that means is only that an impeachment can't be pardoned. The Velveteen Ocelot Jul 2020 #18
Wouldn't that preclude Trump from receiving a future pardon from Pence? cureautismnow Jul 2020 #19
No. That's not what it means. It means that a president can't undo The Velveteen Ocelot Jul 2020 #20
The framers messed up then. cureautismnow Jul 2020 #29
However....the judge may be able to quash the communtation dixiegrrrrl Jul 2020 #24
How? The power is in the Constitution. The underlying crime might be prosecuted, The Velveteen Ocelot Jul 2020 #25
No she can't. former9thward Jul 2020 #31
Is there a screen cap of that tweet? Alex4Martinez Jul 2020 #16
It means he's still a convicted felon, but can still take the fifth Fiendish Thingy Jul 2020 #11
agreed, but wait until next year when we have a senate and whaite house not awash in corruption Takket Jul 2020 #23
The new AG will be an even more crucial appointment than usual. Nt Fiendish Thingy Jul 2020 #28
He has got the goods unlike Manafort and Cohen ... mr_lebowski Jul 2020 #12
Like everyone else said, its not a pardon. Xolodno Jul 2020 #13
Until Trump loses in November then Stone at some point gets the full pardon. Gidney N Cloyd Jul 2020 #15
No guns StarfishSaver Jul 2020 #21
He's free now to devote all his time to devising dirty tricks to help the criminal in the WH wishstar Jul 2020 #14
A felony record would not disqualify him Chainfire Jul 2020 #22
If he is pardoned, he cannot "take the Fifth"..? kentuck Jul 2020 #26
All the guys in the prison yard won't be jacking to the Nixon tattoo on Rogers back now. Captain Zero Jul 2020 #27
I hope this means no voting AND no GUNS!! bluestarone Jul 2020 #34

The Velveteen Ocelot

(115,829 posts)
4. No, that's a pardon. If he'd accepted a pardon he'd have to admit guilt,
Fri Jul 10, 2020, 08:44 PM
Jul 2020

but a commuted sentence means only that he doesn't have to do the prison sentence. Bush II did the same thing for Scooter Libby.

The Velveteen Ocelot

(115,829 posts)
10. Yes, it does.
Fri Jul 10, 2020, 08:57 PM
Jul 2020

He's already been found guilty so he doesn't have to admit guilt (he's been adjudicated guilty), which he would have to do to accept a pardon.

former9thward

(32,068 posts)
30. People keep posting this.
Fri Jul 10, 2020, 10:51 PM
Jul 2020

And it is not true. No one has to accept guilt with a pardon. Ford gave Nixon a pardon and Nixon did not admit guilt to anything. Ford gave the Vietnam draft dodgers pardons and they did not admit guilt to anything.

The Velveteen Ocelot

(115,829 posts)
32. Not so. Confession is imputed by acceptance. Burdick v. United States, 236 U.S. 79 (1915):
Fri Jul 10, 2020, 11:13 PM
Jul 2020

"A pardon... carries an imputation of guilt and acceptance of a confession of it." You don't have to specifically confess when accepting the pardon, but as the Burdick case says, if you accept the pardon you are assumed to be confessing to the underlying crime.

former9thward

(32,068 posts)
35. No.
Sat Jul 11, 2020, 08:52 AM
Jul 2020

The Washington Post ran an article called The five myths about Pardons. They said:

Myth No. 4

Pardons are only for guilty people; accepting one is an admission of guilt.


In 1915, the Supreme Court wrote in Burdick v. United States that a pardon “carries an imputation of guilt; acceptance a confession of it.” Over the years, many have come to see a necessary relationship between a pardon and guilt. But Burdick was about a different issue: the ability to turn down a pardon. The language about imputing and confessing guilt was just an aside — what lawyers call dicta. The court meant that, as a practical matter, because pardons make people look guilty, a recipient might not want to accept one. But pardons have no formal, legal effect of declaring guilt.

Indeed, in rare cases pardons are used to exonerate people. This was Trump’s rationale for posthumously pardoning boxer Jack Johnson, the victim of a racially based railroading in 1913. Ford pardoned Iva Toguri d’Aquino (World War II’s “Tokyo Rose”) after “60 Minutes” revealed that she was an innocent victim of prosecutors who suborned perjured testimony in her treason case. President George H.W. Bush pardoned Caspar Weinberger because he thought the former defense secretary, indicted in the Iran-contra affair, was a victim of “the criminalization of policy differences.” If the president pardons you because he thinks you are innocent, what guilt could accepting that pardon possibly admit?

https://www.washingtonpost.com/outlook/five-myths/five-myths-about-presidential-pardons/2018/06/06/18447f84-69ba-11e8-bf8c-f9ed2e672adf_story.html

donkeypoofed

(2,187 posts)
7. It could get thrown out in court. Stone's tweet ensures it.
Fri Jul 10, 2020, 08:45 PM
Jul 2020

He practically threatened to reveal all if he didn't get one. That tweet itself may be a crime.

The Velveteen Ocelot

(115,829 posts)
9. It can't be thrown out in court because, like pardons,
Fri Jul 10, 2020, 08:57 PM
Jul 2020

commutations are within a president's power under the Constitution: Article II, Section 2 states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment". The Supreme Court has interpreted this language to include the power to grant commutations of sentences.

cureautismnow

(1,677 posts)
17. " ...except in cases of impeachment"
Fri Jul 10, 2020, 09:47 PM
Jul 2020

If the impeachment charges passed by the House had included the evidence obtained from the Russian investigation, it seems to me that the commutation could have been nullified or at least been decided ultimately in the SCOTUS.

As it stands, you can do the crime and not do the time if your buddy is the Orange clown. I bet Manafort skates next.

The Velveteen Ocelot

(115,829 posts)
20. No. That's not what it means. It means that a president can't undo
Fri Jul 10, 2020, 10:05 PM
Jul 2020
the results of an impeachment using the pardon power. If, for example, Bill Barr was impeached, convicted and removed from his position, Trump couldn't undo that result with a pardon (which would restore him to his job). He can only pardon or commute federal crimes.

cureautismnow

(1,677 posts)
29. The framers messed up then.
Fri Jul 10, 2020, 10:26 PM
Jul 2020

They screwed up with condoning slavery, establishing an electoral college, and giving a corrupt POTUS the powers of a King.

dixiegrrrrl

(60,010 posts)
24. However....the judge may be able to quash the communtation
Fri Jul 10, 2020, 10:11 PM
Jul 2020

since it is in furtherance of a crime involving both Stone AND trump.


The Velveteen Ocelot

(115,829 posts)
25. How? The power is in the Constitution. The underlying crime might be prosecuted,
Fri Jul 10, 2020, 10:14 PM
Jul 2020

but the commutation itself, like a pardon, can't be undone.

Fiendish Thingy

(15,651 posts)
11. It means he's still a convicted felon, but can still take the fifth
Fri Jul 10, 2020, 08:58 PM
Jul 2020

But I hope Congress brings him in anyway, in the hopes that he will lie again, so he can be prosecuted again..

A pardon would have absolved him of any and all crimes he may have committed, regardless of whether he had been charged/convicted, whereas a commutation merely terminates his sentence.

 

mr_lebowski

(33,643 posts)
12. He has got the goods unlike Manafort and Cohen ...
Fri Jul 10, 2020, 09:11 PM
Jul 2020

Stone is the one that communicated directly with Wikileaks about the stolen documents from the DNC servers.

He knows too much for Trump to risk Stone getting pissed off at him and blabbing.

What a couple of fucking asshats they are.

Xolodno

(6,398 posts)
13. Like everyone else said, its not a pardon.
Fri Jul 10, 2020, 09:25 PM
Jul 2020

...just means he doesn't have to do the time.

But on the bright side....he's still a convicted felon.

Which means, depending on the state....

He can't vote.

He is barred from certain jobs.....some of them political.

In short, he's now in permanent retirement.

Chainfire

(17,613 posts)
22. A felony record would not disqualify him
Fri Jul 10, 2020, 10:06 PM
Jul 2020

from being hired by Trump as an advisor and continuing his dirty tricks. Lets see if Trump's balls are that big.

kentuck

(111,110 posts)
26. If he is pardoned, he cannot "take the Fifth"..?
Fri Jul 10, 2020, 10:16 PM
Jul 2020

Is that correct?

He must answer all questions when called forth to testify, if officially called, such as by Congress.

Captain Zero

(6,823 posts)
27. All the guys in the prison yard won't be jacking to the Nixon tattoo on Rogers back now.
Fri Jul 10, 2020, 10:19 PM
Jul 2020

That's what it means.

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