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by CodeWriter23 583 days ago
Incorrect. There is no requirement that even an indictment has occurred in the past.
2 comments

"I hereby pardon you for murder. Nope, you didn't murder anyone, and you haven't been indited on murder charges!"

Technically sure, you're correct. The worst kind of correct.

>"I hereby pardon you for murder. Nope, you didn't murder anyone, and you haven't been indited on murder charges!"

You have a reading challenge. GP said conviction required, which is not true. You can be pardoned for something you did but nobody knows you did it.

It can backfire though, you no longer have 5th amendment privileges because you can't say anything incriminating (you're pardon'd from the crime).

So you have the take the stand and testify.

Testify to what?
Pretty much whatever you got pardon'd for.

> [1] The pardon would have put Nixon in a difficult position on the witness stand since he would not have been able to assert any Fifth Amendment privilege when questioned about his actions as president.

[1]: https://en.wikipedia.org/wiki/Pardon_of_Richard_Nixon#Afterm...

> Incorrect. There is no requirement that even an indictment has occurred in the past.

This thread started with that statement, which is what I based my comments on.

To take the piss on it, only a fool would pardon someone for a crime of which they are not accused.

Are you implying that point?

Nixon is the typical example of somebody pardon'd without an indictment. Like it would be wise to imply it could happen because it has!

There are a other trivial examples. Confederate solders weren't indicted [1]. The Vietnam draft dodging pardons didn't even name people [2] [3].

Why they would do it? I mean to nullify the 5th amendment right. Maybe you want to prosecute a crime boss so you give somebody a pardon (or immunity) so they can't/don't plead the 5th and have to testify against them.

[1]: https://en.wikipedia.org/wiki/Pardons_for_ex-Confederates#An...

[2]: https://en.wikipedia.org/wiki/Draft_evasion#Pardons

[3]: https://www.nytimes.com/1977/01/22/archives/texts-of-documen...

Hence how all the draft dodgers were pardoned after Vietnam.