"[The President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." The U.S.Constitution
Since President Biden has pardoned his son, there has been much speculation about Joe Biden pardoning several Democrats who have been instrumental in investigating and falsely inditing President-elect Donald Trump. I find this political maneuver quite strange. I find it odd that the President can pardon someone not indicted or convicted of a federal crime. We have seen that the President has not only pardoned his son for crimes such as buying a gun as a felon, tax evasion, Hunter's Laptop, and never mind acquiring mountains of cash from foreign countries. Hunter Biden's pardon absolves him of crimes committed and possible crimes that he could be indicted for in the future for ten years!
How is this possible? I looked up the Constitution clause allowing the president to pardon, and I have printed it below.
The whole clause in the Constitution is as follows:
Article II, Section 2, Clause 1:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. 1
Some examples of legitimate pardons are as follows:
In early 2001, just before leaving office, President Bill Clinton pardoned his brother Roger, who had been serving time for a federal drug-related offense. In 2017, in the first year of his presidency, President Donald Trump pardoned former Arizona sheriff Joe Arpaio, who had been convicted of defying a U.S. judge's order to stop racially profiling suspects. Presidential pardon power is enshrined in the Constitution and has been wielded ever since President George Washington's 1795 pardon of two men involved in the infamous Whiskey Rebellion. 2
The Constitution establishes the President’s authority to grant clemency, encompassing not only pardons of individuals but several other forms of relief from criminal punishment as well.1 The power, which has historical roots in early English law,2 has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the Court referred to the President’s authority to pardon as unlimited except in cases of impeachment, extending to every offence known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment.3 Much later, the Court wrote that the broad power conferred in the Constitution gives the President plenary authority to 'forgive’ [a] convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with certain conditions.
Despite the breadth of the President’s authority under the Pardon Clause, the Constitution’s text provides for at least two limits on the power: first, clemency may only be granted for Offenses against the United States, meaning that state criminal offenses and federal or state civil claims are not covered. Second, the President’s clemency authority cannot be used in Cases of impeachment. 3
Presidents also may issue pre-emptive pardons -- or rather, a pardon for any crimes an individual may have committed or may have been charged with. For example, President Gerald Ford issued a pardon to outgoing President Richard Nixon even though Nixon had not been charged with any federal crimes at that point. 4
Now that we have dealt with the legaleeze, let us figure out what just happened. The media, the President and the Press Secratary always gave us the same responce when asked if Joe Biden was going to pardon his son Hunter. The answer was always a no and almost a Hell no! when multiple queries were asked. We all know rhis went on for months. We were assured that Hunter Biden would not get special treatment even though he was the son of the President. "No one is above the law," we were told. However, this only applies to Donald Trump and his followers.
Well shucky darn, on the Sunday following Thanksgiving, Joe Biden issues the all-encompassing pardon! What the Hell just happened? Did the light just turn on in Joe Biden's head, telling him it is only fair for Hunter to be pardoned? How does this compare with all the other people rotting in prison for the same crimes?
There are rumors that Joe was going to pardon Hunter all the time. These rumblings are coming from staffers in the administration. There is no question in my mind that Joe was going to pardon Hunter all the time. I came to this conclusion not because Joe is such a good father who loves his son. Joe Biden pardoned Hunter because he needed to save and protect his own ass and the rest of the Biden Family that are involved in this scandal. Do you remember Tony Bobulinski and Jason Galanis, who testified about the Biden influence peddling at the House Committee on Oversight Committee? Joe Biden is the "Big Guy." Despite Joe denying his involvement in his son's business, there are pictures of him with foreign operatives from China and Burisma.
Joe Biden knew that Donald Trump's new Director of the FBI and Attorney General would put an unbeatable case together and slap all the culpable Bidens in jail ASAP. That's my opinion and I'm sticking to it.
Resources
1. Constitution Annotated. Analysis and Interpretation of the U.S. Constitution, https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/%5b%27pardon%27%5d
2. Created by FindLaw's team of legal writers and editors, FindLaw, May 30, 2018, https://www.findlaw.com/litigation/legal-system/presidential-pardon-power-and-its-limits.html
3. Constitution Annotated. Analysis and Interpretation of the U.S. Constitution, https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/%5b%27pardon%27%5d
4 Created by FindLaw's team of legal writers and editors, FindLaw, May 30, 2018, https://www.findlaw.com/litigation/legal-system/presidential-pardon-power-and-its-limits.html
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