Pardons are in the air. Two types. Pardons per se and preemptive pardons.

Lets examine each. Many do not understand and are talking off the tops of their heads without knowledge of pertinent facts.

First however who are those who soon will be exercising the Presidential power. Lets begin with Trump.

He has said many times he will be pardoning many and soon/early following taking office. Beginning with the many who are already jailed or awaiting trial for January 6. One thing Trump definitely is is a predictor of that which he will do. He says he will do something and then does it at the appropriate time. So expect many pardons by Trump.

Biden has recently pardoned his son Hunter following Hunter’s convictions but pre sentencing.

Trump and Biden have both basically served one term as President thus far. Trump in his first term pardoned 237. Biden thus far only 27.

I found TV news reporting yesterday aggravating. The issue of Biden preemptively pardoning those Trump has threatened to pursue criminally when President kept coming up. Everyone made it sound like a terrible thing to do. Suggesting no authority to preemptively pardon. Without specially saying it. Made me feel like no one, neither themselves or their staffs, had done their homework. Preemptive pardoning is perfectly legal and has been done by prior Presidents many times.

First lets briefly define the difference between pardoning and preemptive pardoning. Pardoning generally comes following conviction and sentencing. Preemptive pardoning as early as a time before even a criminal charge has been levied. A preemptive pardon is generally labeled a blanket pardon as it covers all crimes that may have been committed.

The issue arises because Trump and/or his cohorts have indicated arresting Anthony Fauci, Jack Smith, Liz Cheney, Kamala Harris, Barack Obama, Hillary Clinton, Adam Schiff, Letita James, Nancy Pelosi, Mark Milley, and Biden himself. Plus anyone else Biden suspects Trump will try to wreak his unjustifiable vengeance upon.

Respectfully, time for Democrats to play hardball!

A President’s power to pardon is unlimited. No one even mentioned on the news yesterday that there is a U.S. Supreme Court decision on point. Ex Parte Garland, 71 U.S. 333 (1866). The power exists except in cases of impeachment which is not involved here. Per Garland, the power extends to every offense known to the law and is able to be exercised either before legal proceedings are taken or during the pending, or after conviction and judgment. Re preemptive pardoning, the words “is able to be exercised either before legal proceedings are taken” are applicable.

There are Rules Governing Petition for Executive Clemency which indicate application for a pardon may not be made till five years following completion of sentence. Such has no application re preemptive pardons and has not been followed many times in other pardons.

Examples of Presidential preemptive pardoning that were not mentioned in yesterday’s news broadcasts that I heard. Like they did not exist.

Ford pardoning Nixon who had not even been charged with a crime at the time.

Clinton pardoned his brother Roger Clinton.

Trump pardoned Charles Kushner, his son-in-law’s father and Trump’s present nominee to be Ambassador to France.

Lincoln pardoned his sister-in-law Emilie Todd Helm. He also pardoned former Confederates if they took an oath to the United states.

Carter issued preemptive pardons for Vietnam draft evaders.

George H. W. Bush pardoned his Secretary of Defense, along with others, for alleged roles in the Iran-/Contra scandal after his Secretary was indicted but before trial.

I am sure there are a few more.

If Biden opts to use his Presidential power preemptively, it would be the right thing to do. Such would defuse Trump’s threat of retribution – criminal prosecution, implemented by his Attorney General to be Pam Bondi – against people who did their job competently and honorably. However in so doing, incur Trump and his Maga followers displeasure. Such is life. Sometimes doing the correct thing aggravates some people.

Enjoy your day!

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