Posted on 01/23/2025 6:43:11 AM PST by delta7
Burdick v. United States, 236 U.S. 79 (1915)
The only pardon that has any real validity is that for Hunter. All of these “preemptive” pardons are not valid. The Supreme Court made this issue very clear. Granted, President Ford pardoned President Nixon. That was not really constitutional again as a preemptive pardon. However, nobody pressed the issue because it would have torn the country apart. So they let sleeping dogs lie, as they say. It is by no means a precedent for Biden, but this showed that everyone he pardoned is, in fact, guilty of high crimes and misdemeanors.
The Supreme Court explained very clearly in Burdick v United States, 236 US 79 (1915) that the acceptance and grant of a pardon is essential to its validity. The person must “accept” the pardon, for the court has no power to force it on him (see also United States v. Wilson, 32 U.S. 7 Pet. 150 (1833).
Pardon vs Amnesty
The question before the court was whether the President of the United States may exercise the pardoning power before conviction. A witness may refuse to testify on the ground that his testimony may have an incriminating effect and assert the Fifth Amendment. The President can offer a pardon for any offense connected with the matters in regard to which he is asked to testify. However, he can refuse. It cannot be forced upon him.
Nevertheless, here is the issue. The Court made it very clear that there are substantial differences between legislative immunity (Amnesty) and a pardon. They explained that a PARDON carries an imputation of guilt and acceptance of a confession of it, whereas legislative immunity (Amnesty) is noncommittal and tantamount to silence of the witness. This is a huge difference, so every Biden Pardon means they are guilty of high crimes and/or misdemeanors.
There is a distinction between Amnesty and Pardon; the former overlooks the offense and is usually addressed to crimes against the sovereignty of the state and political offenses. That was the objective of Biden’s Pardons, but he only has the power to grant Pardons – not Amnesty. However, a Pardon remits punishment and condones infractions of the peace of the state.
Biden’s legal advice was desperate to cover up the crimes of his own family and protect the Democrats who abused their power with the January 6th Commission destroying evidence all part of this lawfare scheme to prevent Trump from ever taking the White House again. Milley to Liz Chaney and Garland to Kinzinger are all guilty of high crimes by accepting a Pardon.
The panel was comprised of seven Democrats and two Republicans, who House Speaker Nancy Pelosi appointed. She previously rejected several GOP members who had been originally selected for the panel by House Minority Leader Kevin McCarthy because they were not anti-Trump. Pelosi was behind the 2020 Coup, and that, with her “investing,” should have landed her in prison for inside trading and treason. Pelosi invoked COVID rules to prevent any challenge to 7 states that were in dispute. How she can even look at herself in the mirror and be proud is unfathomable. You can’t take it with you, honey.
Pelosi’s son-in-law even proudly posted this picture. He, too, was there with the other 1500 JanSixers who are in prison. I guess the DOJ looked the other way on this one, along with the hundreds of FBI people who were there in the crowd.
The recent interrogation of Trump’s nominee for Attorney General by Adam Schiff, demanding she say Trump lost the 2020 election, was part of Schiff’s ongoing cover-up of the 2020 Coup. Any dispute to any state MUST be debated before the full floor. Pelosi imposed her COVID rules, limiting only 53 people from being on the floor at any one time.
The two pretend impartial Republicans were Liz Cheney and Adam Kinzerger, who came out Republicalsn for Kamala because he is a vile NEOCON who claims we can invade and conquer Russia in 3 days. Cheney and her father, the man who was really acting president to start the Iraq War over lies, endorsed Kamala. The RINOS Pelosi picked were pro-World War III and against peace and were selected to rig the committee to ensure they found Trump guilty on every count.
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Burdick_v._United_States_236_U.S._79_1915_
QUESTION: You said that Biden’s pardons are probably unconstitutional. Please explain this since nobody in the press has taken that position.
Thank you for your insight
ANSWER: The only pardon that has any real validity is that for Hunter. All of these “preemptive” pardons are not valid. The Supreme Court made this issue very clear. Granted, President Ford pardoned President Nixon. That was not really constitutional again as a preemptive pardon.
However, nobody pressed the issue because it would have torn the country apart. So they let sleeping dogs lie, as they say. It is by no means a precedent for Biden, but this showed that everyone he pardoned is, in fact, guilty of high crimes and misdemeanors.
The Supreme Court explained very clearly in Burdick v United States, 236 US 79 (1915) that the acceptance and grant of a pardon is essential to its validity. The person must “accept” the pardon, for the court has no power to force it on him (see also United States v. Wilson, 32 U.S. 7 Pet. 150 (1833).
Pardon vs Amnesty
The question before the court was whether the President of the United States may exercise the pardoning power before conviction. A witness may refuse to testify on the ground that his testimony may have an incriminating effect and assert the Fifth Amendment. The President can offer a pardon for any offense connected with the matters in regard to which he is asked to testify. However, he can refuse. It cannot be forced upon him.
Nevertheless, here is the issue. The Court made it very clear that there are substantial differences between legislative immunity (Amnesty) and a pardon. They explained that a PARDON carries an imputation of guilt and acceptance of a confession of it, whereas legislative immunity (Amnesty) is noncommittal and tantamount to silence of the witness. This is a huge difference, so every Biden Pardon means they are guilty of high crimes and/or misdemeanors.
There is a distinction between Amnesty and Pardon; the former overlooks the offense and is usually addressed to crimes against the sovereignty of the state and political offenses. That was the objective of Biden’s Pardons, but he only has the power to grant Pardons – not Amnesty. However, a Pardon remits punishment and condones infractions of the peace of the state.
Jam 6th Committeee
Biden’s legal advice was desperate to cover up the crimes of his own family and protect the Democrats who abused their power with the January 6th Commission destroying evidence all part of this lawfare scheme to prevent Trump from ever taking the White House again. Milley to Liz Chaney and Garland to Kinzinger are all guilty of high crimes by accepting a Pardon.
Pelosi Son in law Jan 6thThe panel was comprised of seven Democrats and two Republicans, who House Speaker Nancy Pelosi appointed. She previously rejected several GOP members who had been originally selected for the panel by House Minority Leader Kevin McCarthy because they were not anti-Trump. Pelosi was behind the 2020 Coup, and that, with her “investing,” should have landed her in prison for inside trading and treason. Pelosi invoked COVID rules to prevent any challenge to 7 states that were in dispute. How she can even look at herself in the mirror and be proud is unfathomable. You can’t take it with you, honey.
Pelosi’s son-in-law even proudly posted this picture. He, too, was there with the other 1500 JanSixers who are in prison. I guess the DOJ looked the other way on this one, along with the hundreds of FBI people who were there in the crowd.
The recent interrogation of Trump’s nominee for Attorney General by Adam Schiff, demanding she say Trump lost the 2020 election, was part of Schiff’s ongoing cover-up of the 2020 Coup. Any dispute to any state MUST be debated before the full floor. Pelosi imposed her COVID rules, limiting only 53 people from being on the floor at any one time.
1 Dick Cheney
The two pretend impartial Republicans were Liz Cheney and Adam Kinzerger, who came out Republicalsn for Kamala because he is a vile NEOCON who claims we can invade and conquer Russia in 3 days. Cheney and her father, the man who was really acting president to start the Iraq War over lies, endorsed Kamala. The RINOS Pelosi picked were pro-World War III and against peace and were selected to rig the committee to ensure they found Trump guilty on every count.
Thompson Bennie
The committee chairman, Bernie Thompson, introduced legislation to strip Donald Trump of all Secret Service protection as a Felon, which some view as trying to clear the way for his assassination. Not a single member of that committee was impartial.
I do not see under Burdick that Biden’s Pardons of this committee were constitutional since a Pardon is for a crime they must confess. His “preemptive” Pardons are NOT constitutional, for they are, at best, Amnesty, which he had no authority to grant.
Deep State
Trump should have the entire January 6th Committee arrested and put on trial and let WE THE PEOPLE judge their guilt or innocence. They are entitled to a trial where they must put on their defense. This is not Game of Thrones, where we can say off with their head. Next!
Every single one of these people was out to deny the people any fair election and was selected to protect the corruption that has consumed Washington DC like cancer from within. It is time to clean house and take our country back. This is NOT retribution for Trump; it is a vindication of the Constitution and We The People.
History Demands the January 6th Committee stand for trial, and the Pardons are Unconstitutional.
The Deep State has engaged in Treason and should be appropriately judged as an enemy within.
So now the question is, will the USSC uphold the law?
I have my doubts.
They’re not. I wish they were, but they’re not.
Agreed. Some random right wing blog claiming does not make it so.
The “pardon powers” should be defined as to how broad is the President’s authority. I’ve seen both sides of the argument, so it isn’t settle.
The “writer” conveniently leaves out Carter’s blanket preemptive pardons of the VN draft dodgers.
Armstrong threads are like CA wildfires.
The ad hominem attacks roll in like Santa Ana winds.
:-)
Issues with the messenger aside, this is how I read Burdick. It would seem to me Biden should have issued some kind of amnesty, because the way I read it, pardons require charges of some kind and, when accepted, are an admission of guilt.
Excellent post—I had totally forgotten about the Carter pardons.
With that plus the Nixon pardon unchallenged in court it would be an uphill battle to challenge the Biden pardons.
Only if the person in question holds the office legitimately. If, as in the case of the 2020 election, the election was the subject of widespread cheating and tampering, as an honest investigation would reveal; then every act by Joseph Biden would be deemed corrupt, null and void; including all the corrupt so-called pardons and commutations.
A no trial and a pardon has more political impact that a show trial, lets move on build a wonderful wall, build tech in the midwest, return american jobs to americans, have the EU defend itself and remove DEI and GSD from the political environment.
Oh, it’s settled.
If it’s a Democrat President, the pardon powers are unlimited and unchallengeable. If it’s a Republican President, all pardons are a violation of the Constitutional pardoning powers . . .
This article is fabulous and needs to be sent to every US Senator and Congressman.
Was that a pardon or amnesty for a group of individuals?
Wasn’t Trump’s pardon of Michael Flynn a presumptive pardon ?
I doubt Trump or any future president will challenge Biden’s pardons. They provide a powerful precedent that Trump and all future presidents can use themselves.
By that definition, it means the J6 prisoners are guilty; in most cases, I don’t believe they are. So it’s a mixed blessing. But at least they’re out.
Can a president pardon a ham sandwich?
The chances of Biden’s presidency being litigated and overturned are zero, so undoing his pardons are not going to happen, at least for that reason.
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