Categories
Uncategorized

Commutation vs. Pardon: what are the differences?

With republican operative Roger Stone receiving a commutation of his sentence from President Trump today, one might wonder how a commutation differs from a pardon, and why Trump just didn’t pardon Stone.

Both are actions of clemency available to the President from the Constitution.  In a normal presidency, clemency allows for the Chief Executive to correct a gross injustice committed by the Judiciary, or as societal norms make the sentence issued outdated or too harsh.  (We won’t discuss how this isn’t a normal presidency.)

The major difference between the two actions is the upholding of the conviction by the court.  When one is pardoned, that conviction is completely voided:  the record is expunged and it’s as if the alleged crime never occurred.  Additionally, all rights and privileges, such as the right to vote or own a gun, are restored.

A pardon is essentially a complete exoneration of the accused, who can go on leading the life they had prior to being charged.

In contrast, commutation does not invalidate or void the conviction.  The sentence is reduced or eliminated per the terms of the commutation outlined by the President.  The convict still has the limitations of any other convict:  voting limitations, gun ownership restrictions, and in certain cases, requirements for registration with local authorities.

For example, President Obama commuted the sentences of a number of people convicted of drug possession charges because the laws had become more lenient over time.  These commutations resulted in some people being freed from jail; others were still required to remain in jail, but their sentences were shortened.

There are two potential reasons why Trump commuted Stone’s sentence instead of pardoning him.  First, accepting a sentence is an implicit admission of guilt, even though you will not have a conviction on your record.  A pardon can be turned down if the convict does not want to admit he/she committed the crime, such as wanting to clear his/her name in an appeal.  See Burdick v. U.S. (1915) as presiding law.

A commutation cannot be refused.  There’s no reason for it:  the only benefit of a commutation is a shortened prison sentence.

The second:  a person who accepts a pardon can be compelled to testify in a future trial about his/her crime without being able to invoke their Fifth Amendment right against self-incrimination.  Given that a pardon essentially erases the very existence of a crime (as well as the potential for being charged with it in the future), the person must testify when required.  Brown v. Walker (1895) and also Nixon v. Sampson (D.D.C. 1975) are two cases regarding this.

Trump may have commuted Stone sentence, at Stone’s request, to ensure Stone does not have the immunity to testify that a pardon would grant.  It may also be that Stone does not want to admit his guilt.

 

Created by potrace 1.16, written by Peter Selinger 2001-2019

Ashley Hinson asks fans to donate gas money for campaign bus

5 hours ago

Brent crude hits $109 a barrel

6 hours ago

“Maybe it’s not for her”: Trump on Pizzagate Kate

9 hours ago

When will Mehmet Oz denounce Kid Rock’s Islamophobic hatred?

10 hours ago

Surprise! Team Orange came up empty on Omar’s status in 2019

13 hours ago

Complete piece of shit Trump/Epstein pal fired from regime

17 hours ago

Pizzagate Kate’s bad time on Hannity’s insanity hour

1 day ago

President gets head start on precriminations

1 day ago

Matt Gaetz responds to sex trafficking lawsuit by doxxing plaintiff

1 day ago

FBI statement on suspicious mail gives away the targets

1 day ago

Orange Overlord changes execution to private, invite-only affair

2 days ago

Fox News ends clip before morose reaction to their own poll

2 days ago

Jim Jordan eyes House GOP championship belt

2 days ago

Regime trying to denaturalize and deport Ilhan Omar

2 days ago

MAGAmericans blame Democrats for inflation

2 days ago

Netanyahu backs off any new pre-election day Iran attacks

2 days ago

September inflation beats expectations

3 days ago

WATCH LIVE: Haggard old bag of shit limps into Alaska

3 days ago

Chickenshit tells Houthis to do whatever they want for three weeks

3 days ago

Tepid reviews for Zacharia inside Trump Regime

3 days ago

Kim Guilfoyle fired

4 days ago

Pizzagate Kate’s debut as Regime Info Minister: Watch Live

4 days ago

MAGA PACs pull plug on GOP incumbents

4 days ago

Paxton partied in Dubai with fugitives wanted in US

4 days ago

WATCH LIVE: Orange Scumbag campaigns in Ohio

4 days ago

Trump “looking at” firing Kim Guilfoyle

4 days ago

Russian bots taken offline by Ukrainian strikes on data centers

4 days ago

“Look what The New York Times did to my beautiful Doral”

4 days ago

DHS raids Ilhan Omar’s home

5 days ago

Chuck Grassley files 2028 reelection paperwork

5 days ago

Neurodivergent Mormon disclaims agency over US energy supply

6 days ago

Orange Satan’s approval rating new all-time Pew record low

6 days ago

“In actuality, I should have won 8 Nobel Peace Prizes, not just 1”

7 days ago

Vote Republican if you’re mad Trump lost the Nobel Peace Prize

1 week ago

President celebrates bribe from murderous tyrant

1 week ago

ABC News claims embarrassing premature pubaculation on story about Trump boys’ looting of Pentagon with no-bid contracts

1 week ago

WATCH LIVE: Declining dictator turns the racism up another crank

1 week ago

Nobel tears and butthurt outsourced to dipshit MAGA lawyer

1 week ago

“We wasn’t aware the child was in the car”

1 week ago

Paxton told donors that Cornyn “wants me to lose”

1 week ago

Trump loses Nobel Peace Prize to South African activist

1 week ago

WATCH LIVE: Michigan and Georgia debate double header

1 week ago

Saggy-breasted old slob trying to incite a race war

1 week ago

Regime currently attempting to indict Cassidy Hutchinson

1 week ago

Super intelligent president designates new enemies

1 week ago

Jaydee’s sophistry muscles clearly pretty worn out

1 week ago

Arizona Dem says she was raped while fixing campaign sign

1 week ago

Hurricane Isaias threatens yet another gas price spike

1 week ago

WATCH LIVE: Deranged old scumbag says stupid shit

1 week ago

Orange Warlord considering more Iran strikes this month

1 week ago

x
x
x
x
x
x