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
LD
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 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, 7 Pet. 150).
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.
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. 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.
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.
Her 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.
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.
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.
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 were 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.
