Good day all. Now that President Trump is back in office and has begun cleaning up the mess left by the worst president* in American history, people are talking about all the blanket pardons issued by Joe Biden on his last day in office.
Biden has cemented his place as the worst and most corrupt president in American history with his last minute pardons of almost everyone who went after President Trump. The pardons, in pretty much all cases, are blanket pardons for all crimes committed. They were issued to the entire January 6th committee, the trigger happy murder of Ashli Babbitt, Anthony Fauci and Mark Miley. He also pardoned the entirety of the Biden Crime Family.
This, along with all the pardons and commutations that Dementia Joe handed out the previously handed out is unprecedented. People on both sides of the political aisle, with the exceptions of those who were given and accepted pardons, (Adam Schiffhead, Jeremy Raskin and Bernie Thompson), are both upset and angry over this. They are seeing it as a massive abuse of the Presidential Pardon. Now here is the relevant section of the United States Constitution dealing with Pardons and Clemency’s.
The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.
Basically, the President of the United States can pardon someone who has committed a federal crime. Where things are getting “Iffy” so to speak, is the pardons handed out to people who have not been charged with a crime, are on trial for a crime or have been convicted of a crime. To my knowledge, the only one that has received a pardon like this was Richard Nixon. Ford granted that pardon to basically put the entire Watergate scandal behind us so we could move forward.
This is not why Biden pardoned all of these people. In the case of his family, it was to protect them from prosecution for the Pay to Play schemes that have netted him millions in graft. For people like Schiffhead and Raskin, it was a reward for trying to destroy President Trump and all the Americans who support him. For Fauci, it was to protect him from being forced to answer for his actions leading up to and during the Great Panicdemic of 2020. Where Ford was trying to just put things behind us, Biden was protecting his family and rewarding those who helped him.
This is not what the Presidential Pardon was meant for. It was meant to correct a miscarriage of justice or to restore the rights of someone who had cleaned up their act after serving their time. Issuing a blanket pardon for crimes that no charges have been levied or even considered is not what people think of when a Pardon has been issued.
Now if someone is granted a pardon or clemency, the recipient doesn’t need to accept it and the recipient can’t be forced accept it. The Supreme Court ruled on this in the case of the United States v. Wilson. One of the reasons to refuse a pardon is that it limits their ability to appeal. (I’m not sure if it ends it or not) There are two people on death row that Biden granted clemency to who have refused to accept it. The reason? It damages their ability to appeal their convictions.
The Biden Pardons are being looked at to see if they can be revoked. Many educated people don’t think they can. I make no claims one way or the other since I don’t have the legal training to say. I do think that this might be the time to take a look at amending the Constitution with regards to the Presidential Power of the Pardon. If an amendment is proposed, it has to be vary carefully considered and written. So, of course, I’ve written one.
An Amendment to modify the Presidential Power to grant Clemency and Pardons.
1. The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.
2. A Pardon or Reprieve shall be issued only in the case of a Federal criminal accusation, a Trial underway or after Conviction for a specific offense.
3. The person(s) offered a Pardon or Reprieve may refuse the acceptance of the Pardon or Reprieve.
4. Acceptance of a Pardon or Reprieve shall be considered an admittance of guilt of the specified crime.
5. Acceptance of a Pardon shall restore All Rights, Duties and Privileges of the recipient of the Pardon.
6. All penalties applied to the Recipient of a Pardon Shall be vacated and rendered Null and Void.
If I have written this the way I intended, then the idea of a blanket pardon for any crimes that may or may not have happened will not be allowed or constitutional. This would have shut down almost all of the pardons Dementia Joe Biden issued to the Biden Crime Family and to all the others involved with the January 6th Committee.
I have no idea if this is a good idea or not. However, the recent disgrace of the Biden Administration is, in my mind, opening the doors to a couple of amendments to the Constitution to deal with things not foreseen by the Founders of the United States. Biden’s misuse of the Power of the Pardon needs to be looked at. (We also need to look at changes to the 25th Amendment as well, but that’s something for another day)
Is my proposed amendment perfect? I would like to think yes, but unlike Joe Biden, I’m not that arrogant. I do see it as a good starting point for a discussion. I don’t think that the Founders of the United States ever thought that a President would do something like what Joe Biden did on his way out the door. So, what do you think? Is this a good idea? If so, I would recommend contacting your representatives and asking them to consider it.
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~The Angry Webmaster~
AW?
Do note that your paragraphs 5 and 6 impute that GEN Miley would not be subject to recall and court martial to remove his pension and benefits simply because he accepted the pardon, as that would be a penalty being applied as a result of the resultant guilty plea now explicit in acceptance of the pardon!
Darn. 🙁
Guess he will need to be recalled and sent somewhere to die gloriously for the nation.
Or stick him on the border with a rifle to face down Cartel sicarios.
So an interesting note on pardons from another blog is that and I quote from the post “The issuance of a pardon imputes guilt and acceptance of one, which is voluntary, confesses guilt (Burdick .v. United States, 1915.)”
So the J6 committee members, Hunter and the rest of the cabal, who accepted those so-called “pre-emptive” pardons? Yeah, they basically just said “yes, we are actually guilty of the things in the pardon, even though we never were charged.”
And, now that they’ve accepted these pardons, well, they can no longer use the 5th Amendment to avoid answering questions about said crimes. Granted, they can still try to play the “I do not recall the incident in question, sir,” but pretty sure that could end up being a quick trip to a “contempt of Congress” charge until their memory clears up…