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Why Biden’s Pardons Are Unconstitutional and VOID
Armstrong Economics ^ | 23 Jan 25 | Martin Armstrong

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.


TOPICS:
KEYWORDS: biden; pardon; pardons; unconstitutional; void
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To: delta7

The language of the pardon powers of the President as written in the Constitution limit his pardons to only “FOR” offenses committed. That Biden specified that these “pardons” were non offense related makes them pardons of a type NOT found in the language of the Constitution, thus “unconstitutional”.


21 posted on 01/23/2025 7:25:35 AM PST by Uncle Sham
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To: delta7

Conservatives who are politically active online should do as the MSM does. Anytime Liz Cheney’s name is mentioned it should be stated that she is guilty of high crimes and or misdemeanors. Meme makers should get mugshot looking pictures of them with a huge guilty stamp on them.

Hopefully real Justice can be done but in the meantime people could have fun degrading and debasing them for their criminality and Injustice.


22 posted on 01/23/2025 7:27:03 AM PST by tiki (To)
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To: delta7

Bump


23 posted on 01/23/2025 7:30:00 AM PST by stockpirate (A group of baboons is referred to as a "Congress" of baboons.)
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To: Tucker39

What if money changed hands for pardons? We don’t know if that happened, but with Biden, it is possible. It seems to me that would make the pardons void under the bribery laws, and all parties involved would be guilty of giving or receiving a bribe.


24 posted on 01/23/2025 7:31:06 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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To: tired&retired

This article is fabulous and needs to be sent to every US Senator and Congressman.
—————-
Just one of the reasons I read Armstrong’s daily posts. Many go out of their way to discredit him, but he touches on many issues MSM will not address ( and backs them up with historical references).

Just another reason his ECM and Socrates computer is legend.


25 posted on 01/23/2025 7:33:33 AM PST by delta7
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To: Taxman

ping


26 posted on 01/23/2025 7:36:19 AM PST by Taxman (MAKE AMERICA GREAT AGAIN! SUPPORT THE FAIRTAX!)
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To: delta7
I did not know this:

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.

Pelosi's insider trading, her exempting American Samoa from Federal minimum wage laws when her husband owns a tuna processing plant there, and her invoking COVID laws for discussions in the House should put her behind bars if Lady Justice isn't peeking out from behind the blindfold.

27 posted on 01/23/2025 7:46:58 AM PST by econjack
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To: delta7

I believe there is much wrong with all of this, especially when you step back and look at the broader picture.

“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.”

True. The witness may be offered a pardon by the President or granted immunity by federal officials for federal cases, but in the broader picture, even if he accepts, his testimony might be used against him under a State’s law due to the Dual Sovereignty Doctrine so the witness might be justified in invoking Fifth Amendment rights.

“They explained that a PARDON carries an imputation of guilt and acceptance of a confession of it…”

I believe that “acceptance of a pardon is a confession of guilt” is a legal fiction foisted upon the citizens.

The article here: https://freerepublic.com/focus/f-chat/4292106/posts , just after (or before depending on your point of view) this one, is titled: “‘I Didn’t Do Anything’: Pardoned ‘January 6er’ Says He Was Railroaded, Rejected Plea Deal”.

There may be some discrepancies in this article, but it indicates the person in question believes he didn’t do anything. I believe the legal bureaucracy “railroads” people into accepting plea deals (by overcharging) and that in reality acceptance of a plea deal or a pardon does not necessarily mean a truthful confession of guilt but, again in the broader picture, can be an effort to avoid further punishment by the process.


28 posted on 01/23/2025 7:55:24 AM PST by KrisKrinkle (c)
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To: delta7

Not a lawyer but I have read the Constitution which is very clear about Pardons.

The Supreme Court has been wrong before so I will wait and see if and when they take this up. For now I believe the President has complete authority when it comes to granting a pardon. It is a necessary power for the President even when it is abused.

People forget that all the draft dodgers were granted pardons.

https://en.wikipedia.org/wiki/Proclamation_4483


29 posted on 01/23/2025 8:00:01 AM PST by CIB-173RDABN (I’ll take a wait and see...)
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To: CIB-173RDABN

By that logic, we have the absolute right to free speech including shouting “Fire!” in a crowded theater and owning any kind of scary “assualt rifle” we want.

See the flaw in your logic?


30 posted on 01/23/2025 8:13:50 AM PST by bigbob (Yes. We ARE going back!)
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To: dware

pardons require charges of some kind and, when accepted, are an admission of guilt.

And that is exactly what the decision said. But I guess precedent only counts when they want it to.


31 posted on 01/23/2025 8:16:31 AM PST by sheana
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To: delta7

Trump should go to the SCOTUS and ask the what they think the Founders thought certain words in the Constitution mean. Such as;

Infringe
and
Pardon


32 posted on 01/23/2025 8:33:39 AM PST by fella ("As it was before Noah so shall it be again," )
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To: bigbob

See the flaw in your logic?

-
No.

Creating a straw man then knocking it down does not change my opinion. Nice try however.


33 posted on 01/23/2025 8:40:40 AM PST by CIB-173RDABN (I’ll take a wait and see...)
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To: delta7

The validity of Biden’s pardons is at least debatable.

I think President Trump and the new DOJ have a duty to challenge these pardons so that the current president’s powers are clearly defined.

If the Supreme Court judges Biden’s pardons invalid, investigate the J6 committee, Fauci, et al., for their many crimes. If otherwise, President Trump may also issue sweeping preemptive pardons without the risk of them being overturned by the courts.


34 posted on 01/23/2025 9:25:08 AM PST by unlearner (Still not tired of winning.)
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To: delta7

Every one of the posters here on FR who immediately started with an Ad Hominem attack on the author rather than looking at the merits of his words should be looked at as a deep state propagandist on FR.

Not saying they are, but are they showing their hand?


35 posted on 01/23/2025 9:33:01 AM PST by tired&retired (Blessings )
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To: delta7

I just reviewed MoneyBack’s posting history and the pattern is blatant.


36 posted on 01/23/2025 9:39:08 AM PST by tired&retired (Blessings )
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To: MoneyBack

Thanks n00b retread.


37 posted on 01/23/2025 10:18:39 AM PST by aMorePerfectUnion (🦅 MAGADONIAN ⚔️ LIFE )
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To: tired&retired

Every one of the posters here on FR who immediately started with an Ad Hominem attack on the author rather than looking at the merits of his words should be looked at as a deep state propagandist on FR.
———-
Good advice. It is interesting to note also the TxGators and Moneyback types do not post articles, only criticisms, and attacks.

I post many articles of interest that our MSM will not post or “ overlook”. All are free to read them, or they can be discarded. I will continue.


38 posted on 01/23/2025 11:02:26 AM PST by delta7
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To: delta7

PROOF that Biden graduated at the bottom of his law class.


39 posted on 01/23/2025 11:08:16 AM PST by ridesthemiles (not giving up on TRUMP---EVER)
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To: delta7

Also to be noted, I have been at FR since 2002, and have posted a total of 765 threads with 9,304 replies.

I have seen, heard and learned much here since 2002. The bitter, angry, arguing types usually don’t last to long….thankfully I have learned to use the “ Ignore” button.


40 posted on 01/23/2025 11:12:01 AM PST by delta7
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