I am not a lawyer or Constitutional expert but I did find this below. A pardon of Milley would at the very least raise the question of "what crimes did he commit such that he needs a pardon?" And is he still vulnerable under the law for such crimes beyond what has been covered by a pardon?The answer appears to be "yes." He can be impeached retroactively and deprived of the benefits he still derives as a retired civilian official.
Article II, Section 2, Clause 1, often referred to as the Pardon Clause. It states:
"The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."Article II, Section 4 of the U.S. Constitution specifies who can be impeached and the grounds for impeachment:"The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."Grounds for Impeachment:
- Treason: As defined in Article III, Section 3, this involves levying war against the U.S. or aiding its enemies.
- Bribery: Accepting or offering something of value to influence an official's actions.
- High Crimes and Misdemeanors: This is a broader, less-defined category that can include:
- Abuse of power
- Corruption
- Obstruction of justice
- Gross incompetence or dereliction of duty
Retroactive Impeachment Retroactive impeachment and conviction can deprive a former federal official of their pension and other benefits. It can also have other consequences, such as disqualification from holding future office and loss of benefits.
None of the above would apply to Milley's military career though because that would fall under the Uniform Code of Military Justice and I think there's a 5 year statute of limitations.
But there is this:
18 U.S.C. § 3281: “An indictment for treason or other capital offense may be found at any time without limitation.”
Nice work! Pardons can’t apply to impeachment. Fauci could simply be retroactively impeached for his civilian position, on grounds of treason. Likewise all the rest of Biden’s pardons of civil officers including Milley, if his position was considered civil rather than military. I wonder what it takes to be considered a “civil officer”.