Re:TikTok says it is restoring service for U.S. users
by Retric on Monday January 20, 2025 @08:03AM
(#42768270)
The specific situation applied in Burdick.
The court ruled they could reject a pardon given before prosecution thus avoiding the need to testify about someone else. It would be a moot point if the pardon was invalid.
Re:TikTok says it is restoring service for U.S. users
by lupire on Monday January 20, 2025 @09:21AM
(#42769000)
To be clear "they" (who can reject a person) is the recipient of the pardon, not the court.
https://en.m.wikipedia.org/wiki/Burdick_v._United_States
But that's not the relevant part of Burdock for this thread.
The relevant part is that an (accepted!) pardon does apply before indictment.
Is this really the case? Has this specific situation ever been ruled on by the Supreme Court? Burdick v. U.S. doesn't address "pre-pardons" or blanket pardons. Nixon was never prosecuted or tried.