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Posted on 12/16/2024 4:29:30 PM PST by Lazamataz
As is usual for the year 2024, we are in uncharted waters.
The Presidential Pardon is one of the only plenary powers that a president has. This power is one of the only ones that has nearly no restrictions or controls. The Founders granted the president this power with the thought that we would never have a truly criminal president.
The Framers of the Constitution modeled portions of our system on the British system of governance; in particular, the Pardon. The King of England was able to pardon individuals, and so were the governors of the American colonies. It was, then, logical that they would provide the president this power.
They expected that this power would be used as a check against the Judiciary, or in periods of great conflict when the pardoning of a leader, politician, or citizen would quell internal strife. There was great debate at the time, however, as to whether this ability should be applicable to the crime of treason.
When a president commits high crimes or treason, the remedy for that is impeachment and conviction. But what if the president instructs his staff to commit crimes, only to pardon them at the end of his term?
This effectively immunizes the president or his subordinates against possible criminal and civil charges for extremely illegal and immoral behavior, such as the depravation of Civil Rights under the color of law. It opens up a Pandora's Box and allows any future president to direct all sorts of criminal activity, while ensuring their subordinates do not face consequences for those actions.
We have President Biden considering pardoning the entire January 6 committee. We have him considering pardoning vast swaths of the FBI and intelligence community. These people clearly acted outside the law in spying on and maliciously prosecuting Donald Trump. If he does so -- or if Obama wills it and Biden acts -- I fear it wdoul permanently damage American Rule of Law, reducing it instead to a Rule of Man.
What if government agencies began persecuting people merely for their political leanings, only to be pardoned at the end of that sort of political bloodbath? I fear his wide-ranging pardons would permanently damage America, and allow future presidents to run roughshod over our civilian population.
Very good points, thank you. Question is what to do? Send it to John Roberts who will not even hear it? Can congress do anything?
Who made the most pardons? Guess what? It was Brandon.
https://www.powerlineblog.com/archives/2024/12/the-daily-chart-pardon-me.php
I don’t think SCOTUS has a voice when it comes to the Pardon. Frankly, aside of a Constitutional Convention, I cannot think of a solution.
I guess my only purpose for this editorial was to point out the Very Bad Path we seem to be traveling.
I have always questioned the validity of pardoning a person before trial and conviction of a crime.
How can you pardon a person for crimes that may or may not have been committed?
I think Biden is going to pardon everyone in intel and government before he leaves.
I think so too, to the great detriment of the Rule of Law (and the control of government) in America.
This is why it was said at the beginning that the Constitution would only work if good people were in office.
Remember the old song Pardon Me Ray, about the Tennessee governor?
https://genius.com/The-gitch-your-own-band-pardon-me-ray-lyrics
Well now it is PARDON ME JOE!
Pardon me, Joe,
Are you the cat that signs the pardons?
Since you’re an old friend of mine
Just put your name on the line
(Put it on the line)
Double murder and rape
That’s all the jury put me in for
And I’m sure you’ll agree
They took advantage of me
Take a hundred thousand dollars, slip it under the door
Don’t mention any names and I won’t say what it’s for
Ain’t no use in cryin’
You’re not the one who’s dyin’
I gotta get my money’s worth for what I’m buyin’****
I imagine that the power of the pardon has been abused many times in its existence. What is extraordinary right now is it’s use as a preemptive weapon to shield political allies form any kind of investigation and Grand Jury investigation into criminal matters.
Before Biden leaves office there is no telling the wide and scope of the Pardons he might give and the repercussions of such actions. He opens the door for future Presidents to issue pardon for crimes that have no even happened yet.
Imagine a President giving out Pardons for staff and allies at the very beginning of his term for any and all crimes that will be committed in the next 4 years. That could happen.
No SCOTUS and the Congress can do nothing.
Yeah, it is a bad precedent for sure. I guess it was put in place at a time when generally men had more personal morallity, integrity, and common sense.
We don’t have that anymore, we have criminals...
I’m afraid History is going to have to deal with this.
Everything comes out in the end; and I believe history is going to find Biden a traitor.
You understand my points.
That is what I understand.
Biden is clearly mentally incompetent due to Alzheimer’s / dementia. We really have no idea who is truly pardoning these people from behind the curtain.
Oh yes we do....
It's an encouraging thought, but it depends on who writes the history books.
I do not see how “pre-emptive” pardons can be legal???
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