Can a Person Refuse a Presidential Pardon?

Harris & Ewing, Inc., Public Domain, Wikimedia Commons
Harris & Ewing, Inc., Public Domain, Wikimedia Commons

Presidential pardons have been in the news, which has led to an onslaught of questions about just how far a president's pardoning powers extend—and what would happen if the person being offered the pardon declined it altogether? Is such a thing even possible, or does the pardoned individual in question have no choice in the matter? Believe it or not, it's an issue that has come up a few times over the past two centuries—and the answer isn't exactly a clear-cut one.

To fully answer the question, first an important distinction has to be made between commutation and pardoning. Both are part of the pardoning powers given to the president, but differ in levels. Speaking to ABC News, Randy Barnett, a professor at Georgetown University, explained that "Pardon is an 'executive forgiveness of crime'; commutation is an ‘executive lowering of the penalty.'" And the answer to the question depends on that distinction.

UNITED STATES V. WILSON

In 1833 the Supreme Court heard the case of the United States v. George Wilson. On May 27, 1830, Wilson and co-conspirator James Porter were both sentenced to death after being convicted of robbing a U.S. postal worker and putting the carrier’s life in jeopardy. While Porter was executed just over a month later, on July 2, 1830, Wilson managed to escape the sentence. President Andrew Jackson decided to pardon Wilson for the death penalty charge on the understanding that he had yet to be sentenced for other crimes (for which he was looking at a minimum of 20 years). For some reason Wilson waived the pardon, possibly because of confusion about what case he was being tried for at the time and what cases the pardon was for.

In 1833, the Supreme Court ultimately weighed in on the issue, ruling “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.” (Strangely, the details of whether or not Wilson was ever executed are lost to time.)

BURDICK V. UNITED STATES

This right of refusal was affirmed in 1915. George Burdick, city editor of the New York Tribune, refused to testify regarding sources for articles on alleged custom fraud by invoking his Fifth Amendment rights [PDF]. President Woodrow Wilson then gave a pardon to Burdick, protecting him from any charge he may incriminate himself of during his testimony. The idea behind the pardon was to force Burdick to testify, under the theory that he could no longer be convicted for any acts he may reveal. But Burdick rejected the pardon, continued to invoke his rights, and was found guilty of contempt.

The Supreme Court ruled that Burdick was within his rights to refuse the pardon and as such he did not lose his Fifth Amendment rights.

BIDDLE V. PEROVICH

A 1927 ruling added a new wrinkle to the pardoning issue. In 1905, Vuco Perovich was sentenced to hang for murder, which President Taft commuted to life imprisonment a few years later. Perovich was then transferred from Alaska to Washington, and later to Leavenworth. Perovich eventually filed an application for writ of habeas corpus, claiming that his commutation was done without his consent. The Supreme Court ultimately ruled that "the convict’s consent is not required."

This ruling has led decades of legal scholars to wonder if the Perovich ruling overturned these earlier cases, with Supreme Court Justice Oliver Wendell Holmes Jr. arguing “Whether these words sound the death knell of the acceptance doctrine is perhaps doubtful. They seem clearly to indicate that by substantiating a commutation order for a deed of pardon, a President can always have his way in such matters, provided the substituted penalty is authorized by law and does not in common understanding exceed the original penalty" [PDF].

In other words: You may be able to refuse a pardon, but you would not be able to refuse a commutation.

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Keep Your Cat Busy With a Board Game That Doubles as a Scratch Pad

Cheerble
Cheerble

No matter how much you love playing with your cat, waving a feather toy in front of its face can get monotonous after a while (for the both of you). To shake up playtime, the Cheerble three-in-one board game looks to provide your feline housemate with hours of hands-free entertainment.

Cheerble's board game, which is currently raising money on Kickstarter, is designed to keep even the most restless cats stimulated. The first component of the game is the electronic Cheerble ball, which rolls on its own when your cat touches it with their paw or nose—no remote control required. And on days when your cat is especially energetic, you can adjust the ball's settings to roll and bounce in a way that matches their stamina.

Cheerable cat toy on Kickstarter.
Cheerble

The Cheerble balls are meant to pair with the Cheerble game board, which consists of a box that has plenty of room for balls to roll around. The board is also covered on one side with a platform that has holes big enough for your cat to fit their paws through, so they can hunt the balls like a game of Whack-a-Mole. And if your cat ever loses interest in chasing the ball, the board also includes a built-in scratch pad and fluffy wand toy to slap around. A simplified version of the board game includes the scratch pad without the wand or hole maze, so you can tailor your purchase for your cat's interests.

Cheerble cat board game.
Cheerble

Since launching its campaign on Kickstarter on April 23, Cheerble has raised over $128,000, already blowing past its initial goal of $6416. You can back the Kickstarter today to claim a Cheerble product, with $32 getting you a ball and $58 getting you the board game. You can make your pledge here, with shipping estimated for July 2020.

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Why Did Noon Used to Mean 3 p.m.?

3 p.m. is basically noon for people who wake up at 12 p.m.
3 p.m. is basically noon for people who wake up at 12 p.m.
Mckyartstudio/iStock via Getty Images

If you’re a late sleeper, you might find yourself thinking 12 p.m. seems way too early to be considered midday, and the word noon would much better describe, say, 3 p.m. It turns out that ancient Romans would have agreed with you, if only for etymological reasons.

As Reader’s Digest explains, the days in ancient Rome were split into four periods of three hours each. The first hour was at sunrise around 6 a.m.—called prime, for first—followed by 9 a.m. (terce, denoting the third hour), 12 p.m. (sext, for sixth), and 3 p.m. (none, for ninth).

According to Merriam-Webster, Middle and Old English borrowed the time-keeping tradition, along with the Latin word for ninth, which was changed to nōn and eventually noon. Though we’re not sure exactly when or why noon started referring to 12 p.m. instead of 3 p.m., it could have something to do with Christian prayer traditions. In the Bible, Jesus’s crucifixion is said to have taken place at the ninth hour, and that’s when worshippers partook in their second of three daily prayers; the others were in the morning and evening. It’s possible that hungry monks were behind noon’s gradual shift from 3 p.m. to 12 p.m.—since their daily fast didn’t end until after the midday prayer, they had a built-in motive for moving it earlier.

While we didn’t exactly stay true to the original Latin meaning of noon, there’s another important remnant of ancient Rome hiding in the way we tell time today. Romans referred to 12 p.m. as meridiem, for midday, and so do we. A.M. is an abbreviation for ante meridiem, or before midday, and P.M. means post meridiem, or after midday.

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