More Pardons Coming
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From the RWEC:
As I argued in my VIP column yesterday, prosecuting any but the worst malefactors in the abuse of government power and the judicial system shouldn't be our main focus when Trump gets back into power.
I would love to see the worst of the worst--the Anthony Faucis, Alejandro Mayorkases, and similar bad guys get their comeuppance, but our main focus has to be on the Herculean task of cleaning out the Augean Stables and completely gutting the Deep State. Getting some scalps would be nice, but exposing the corruption and destroying the Deep State, both on the ground and in the perceptions of the American people, would be the most important victory for freedom since the destruction of the Soviet Union.
That means exposing all the corruption and absolutely humiliating everyone involved. They are frauds, crooks, and, in many cases, genuinely evil people. In a just world, all of them would rot in prison, but in the real world, the particular fate of Anthony Fauci is hardly as important as destroying the credibility of our corrupt public health system.
It seems entirely plausible that Biden will pardon a whole tranche of officials who have yet to be investigated for or accused of crimes, giving blanket pardons in the manner he did Hunter. He will justify this move, should he make it, based on the claim that Trump will weaponize his Justice Department against innocent and truly patriotic public servants.
There are unconfirmed rumors that Mayorkas is looking for immunity for any actions he has taken as Secretary of Homeland Security; I have no independent confirmation of that, but by this point, it seems perfectly plausible. He has been at the center of so many major failures and scandals that he would be nuts not to seek legal protection.
Should Joe Biden decide to protect his closest aides from criminal prosecution--I am not predicting this because I have no special insight, only speculation--there is actually an upside: if a person can't be prosecuted, then they can't invoke the Fifth Amendment protection against testifying against oneself.
That, in turn, means that they would still be subject to perjury and obstruction of justice charges should they lie under oath or refuse to testify truthfully. Either they tell all truthfully, or you can toss them in jail. In other words, Biden can pardon their prior crimes but not give them a get-out-of-jail-free card for future crimes.
Refusing to testify under subpoena would be a crime, and if you are not subject to prosecution, then you have no right to claim that testifying would incriminate you in criminal activity.
This applies to Hunter Biden as well. Forcing him to testify in front of a committee about crimes committed by others is fair game. Hunter can't be prosecuted for the crimes of which he has been pardoned--which is everything up to now, but he could be prosecuted for obstruction of justice if he refuses to testify about crimes for which others might be liable.
Ironically, this means that every pardon Joe Biden gives to a political crony for potential crimes they committed would open them up to being forced to testify on anything in which they might be implicated. The Fifth Amendment protections become irrelevant since they cannot be prosecuted.
No more "on the advice of my counsel..." excuses. Spill the beans or go to jail for obstruction.
Does anybody have the guts to go there? In any other administration, I would say "NO!" Under Trump? I sure hope so.
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He will justify this move, should he make it, based on the claim that Trump will weaponize his Justice Department
Claim??? Trump has promised to do so, over and over and over. It was a theme of his campaign.
You think he initially chose Gaetz because he was seeking square-jaw McGraw?
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Could someone be arrested for perjury or something like that if it is associated with a crime that they are pardoned for?
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@jon-nyc said in More Pardons Coming:
Sure. That’s why blanket pardons are sometimes issued. Like for Hunter.
If I understand the pardon correctly, he is not immune from prosecution for anything that happened after December 1. If he perjures himself after that date, he can still be prosecuted.
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@Jolly said in More Pardons Coming:
Do the Dems really want to go down this road?
I think it is stupid and certainly hope not.
Hunter Biden should not have been pardoned. As his father, I can see it, but a president almost has to put country above family.
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National Review
Should We Ban Pardons Between Election Day and Inauguration Day?
A reader of the Wall Street Journal writes in to the paper, urging the country to adopt a constitutional amendment that would bar pardons and executive orders between Election Day and the inauguration.
I could see the argument that a complete ban on executive orders for more than two months would be too much of an impediment to the president performing his duties. For example, Joe Biden issued an executive order closing federal agencies on January 9 for a national day of mourning for former president Jimmy Carter. Biden signed some executive orders declaring orders of succession in the positions of National Cyber Director, Office of Management and Budget, and Departments of Justice, Treasury, Homeland Security and Agriculture. Not every last-minute action of Biden has been bad, or even all that consequential.
But a constitutional ban on pardons between Election Day and the inauguration sounds pretty appealing right now. (Biden is reportedly considering preemptive pardons to prominent critics of President-elect Trump, individuals who are not currently being either investigated or charged with crimes. This is akin to a get-out-of-jail free card from Monopoly.)
If a president wants to make a particularly controversial pardon, let him do so in a way ensuring either he, or his party’s successor, will face the consequences in the form of the voters’ judgment.
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It very much can, but to maximize it Trump needs to stay above the fray as much as is possible, to be more presidential. I think we've seen more of that this time. I hope it continues. The media TDS machine is already revved up - he just needs to treat it like the noise in the background.
It's a lot to expect and I may be disappointed, but there's always hope.