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Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
Reason ^ | 1/20/25 | Jacob Sullum

Posted on 01/20/2025 12:35:02 PM PST by Libloather

Last month, Joe Biden issued a broad pardon for his son Hunter that not only spared him sentencing on gun and tax charges but also barred his prosecution for any federal crimes he might have committed from January 1, 2014, through December 1, 2024. On his way out the door today, Biden granted similarly sweeping pardons to Gen. Mark Milley, former chairman of the Joint Chiefs of Staff; Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases; and all nine members of the House select committee that investigated the January 6, 2021, riot at the U.S. Capitol, plus the committee's staff and Capitol police officers who testified before it. He also issued preemptive pardons for five of his relatives: three siblings, a brother-in-law, and a sister-in-law.

According to Biden, all of these pardons are aimed at preventing President Donald Trump, who took his second oath of office today in the same building that his supporters invaded and vandalized four years ago, from retaliating against his political enemies by launching frivolous criminal investigations. But in seeking to stop Trump from abusing presidential powers, Biden stretched the limits of those powers and set a dangerous precedent that undermines the rule of law and the accountability of federal officials.

Under Article II, Section 2 of the Constitution, the president has plenary power to "grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although pardons typically are granted after convictions, that language, on its face, does not preclude clemency in cases where no charges have been filed, provided the underlying conduct predates the pardon.

The closest historical precedent for Biden's preemptive acts of clemency is the pardon that President Gerald Ford granted to his predecessor, Richard Nixon, a month after taking office.

(Excerpt) Read more at reason.com ...


TOPICS: Business/Economy; Conspiracy; History; Local News
KEYWORDS: accountability; crime; fjb; law; lawless; pardons; rule
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To: bigbob
I take the opposite tack. Trump should start pardoning everyone on our side.

Every.

Last.

One.

21 posted on 01/20/2025 1:42:48 PM PST by Lazamataz (The BEST birthday present I ever got WAS DONALD TRUMP WINNING IN 2024!!!)
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To: Libloather

“Illegitimately-pardoned” felon, I would argue.


22 posted on 01/20/2025 1:53:41 PM PST by cross_bearer_02
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To: Lazamataz

Heh, well now he can do that, at least based on the logic above!


23 posted on 01/20/2025 2:07:36 PM PST by bigbob (Yes. We ARE going back!)
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To: Libloather

A pardon is a legal action that requires a target, namely, a CONVICTION. In the absence of a conviction there is no possibility of a pardon. Nothing for which to be pardoned. A preemptive pardon defies legal common sense and as such is a thing that no one can assert the founders would have intended.


24 posted on 01/20/2025 2:33:07 PM PST by TalBlack (Time to use the Law and the Power. Good luck Mr. President.)
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To: AndyJackson

“Exactly. The pardoner is granting the pardon to his agent doing his bidding.”

It’s a legal feedback loop. It cannot be tolerated. It’s legally utterly unsupportable.


25 posted on 01/20/2025 2:35:57 PM PST by TalBlack (Time to use the Law and the Power. Good luck Mr. President.)
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To: gwjack

Oh, that would be sweet.


26 posted on 01/20/2025 3:46:06 PM PST by Retain Mike ( Sat Cong)
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To: Dartoid

Yep. Lincoln, Clinton, and Biden are the only presidents to pardon family members.


27 posted on 01/20/2025 3:57:38 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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To: Libloather

If it ever gets to SCOTUS, they WILL NOT look kindly on the matter of pre-emptive pardons because OBiden just deprived their professional contemporaries of A LOT of income.


28 posted on 01/20/2025 5:55:19 PM PST by Paal Gulli
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To: gwjack
The more I think about this, I wonder why Biden did not attempt to pardon himself. \/

well, for one

joe didnt pardon any one

joe sleeps eats, craps and mumbles

the unseen politburo issued pardons and this is just their way of punishing joe and jill failure to cement the coup, imo.

29 posted on 01/21/2025 6:40:08 AM PST by cuz1961
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To: MV=PY
"Yep. Lincoln, Clinton, and Biden are the only presidents to pardon family members."

Lincoln pardoned his wife's half-sister. If you can tell me what you call a wife's half-sister, I'll agree, otherwise, it is not really a relation, just one made-up so the media can claim: "See, Republicans do it too!"

Newsweak is even trying to claim that PDJT pardoned a "family member" when he pardoned his daughter's husband's father. Again, what do you call a daughter's husband's father?

Only DEMOCRATS pardon their crooked family members.

30 posted on 01/21/2025 6:55:05 AM PST by Henchster (Free Republic - the BEST site on the web!)
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To: Henchster
"Lincoln pardoned his wife's half-sister. If you can tell me what you call a wife's half-sister, I'll agree, otherwise, it is not really a relation, just one made-up so the media can claim: "See, Republicans do it too!""

Sure, fair enough.

BTW, I call everyone by their name because I don't bother with all the family tree names.

Except for this.

31 posted on 01/21/2025 12:11:46 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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