Merrick Garland: "The actions we have taken thus far will not be our last"

[Ocelot II]

61. That is incorrect.

It's a common misinterpretation of Burdick v. U.S., in which the Supreme Court held that a person may reject a pardon. Although the court stated that a pardon carries an imputation of guilt and acceptance of a confession, this was only part of the Court's dictum for the case and not its holding. Since the acceptance of a pardon has never been specifically held to be the equivalent of a confession, it is not construed as having the same legal effect as a guilty plea. The pardoned person is also not obligated to cooperate with ongoing investigations related to the crime for which he was pardoned. There is a process for applying for a pardon, and the applicant's cooperation can be considered, but the president's pardon power is absolute, and there are no Constitutional strings attached at all.