December 13, 2024

"Though Mr. Biden has the prerogative to confer broad immunity with what are sometimes called safe harbor or protective pardons, doing so now on a large scale would be difficult to achieve..."

"... at least with any principled consistency.... [E]ven the broadest presidential pardon couldn’t fully protect someone Mr. Trump was determined to harass. His IRS could engage in selective audits. The Justice Department’s Antitrust Division could scrutinize someone’s business. Without the protection of the Fifth Amendment to avoid self-incrimination, congressional Republicans could subpoena beneficiaries of the pardons. The hearings that followed would be perjury traps — and Mr. Biden’s pardons could not cover future crimes. Conservative prosecutors in Republican-run states could try to contrive local charges...."

So writes the Washington Post Editorial Board, in "Biden should rule out preemptive pardons/Trump might target his enemies, but get-out-of-jail-free cards are unnecessary and imply guilt."

And I'll just put this here:

44 comments:

Lawnerd said...

What comes around goes around. These clowns in the Biden admin need to get it good and hard.

Saint Croix said...

ha ha ha ha

oh shit, lawfare!

Who can stop the lawfare?

Where is this lawfare coming from?

And perjury traps!

Enigma said...

Go for it Joe. Put a Scarlet Letter on everyone guilty of Party-driven crimes over the last decade. Confirm what we suspect.

Justice finds plenty of work-arounds. Tell us who to target.

n.n said...

It's because Musk is African-American, right? This is DEI writ large.

n.n said...

The Ouroboros is a progressive process.

Dave Begley said...

It will be quite the turnaround when the Kash Patel FBI starts investigating the Chris Wray FBI about the January 6th trap the Dems set.

Breezy said...

Go ahead and Pardon, but you have to state the relevant Offense, too. Let the sunshine in.

Why is no one challenging the presidential blanket immunity as unconstitutional? If it’s okay, then what’s to stop presidents from issuing immunity proclamations throughout their terms? They could theoretically solicit all sorts of illegal acts from others, shielding themselves from risk of prosecution for unofficial acts, then generally immunize them, not divulging the offenses.

Wince said...

It’s as if Biden infused the whole of government with his own noxious, vindictive spite.

Leland said...

Mr. Biden’s pardons could not cover future crimes.

You mean that can’t just keep committing crimes and be protected?

And the notion that the IRS can selectively audit is written as if that is a Presidential privilege rather than an abuse of authority. I know Obama did it, but damn WaPo, if that’s the new normal then I’m glad Trump will end your norms.

Whiskeybum said...

Shorter WaPo EB: Crap! The Trump DOJ might do what the Biden/Obama DOJs have been doing for years! We’d better act concerned in order to head it off in public opinion!

Hassayamper said...

Every organ of the Federal government is going to do everything they can to attack Musk and his enterprises from now on. They will never forgive him for all he did to get Trump elected, and the impending DOGE bloodbath will seal their hatred for all time. It will be quiet acts of sabotage and petty harassment and failed regulatory inspections while Trump is still in office and the Republicans hold Congress, but when Democrats have the upper hand again, the entire government will conspire to strip Musk of his fortune and put him in prison for the rest of his life. There will be open and obvious lawfare by a thousand Alvin Bragg and Letitia James clones. They will make an example of him to whip every other billionaire into line, and remind all the rest of us that even the lowliest, surliest clerk at the Post Office window is to be treated as our master rather than our hired help.

n.n said...

Hmm, a blanket pardon from 2014. Whatever for? Biden in Obama's Spring.

Big Mike said...

at least with any principled consistency

Democrats have only principle — they win, and the rest of us lose.

J Severs said...

"Three Felonies a Day" by Silverglate and Dershowitz

Jersey Fled said...

The lack of self awareness on the Left is staggering.

Curious George said...

I'm waiting for Ben Wickler to weigh in.

Aggie said...

"... at least with any principled consistency...." Much gnashing of teeth. When you listen to Marc Andreessen, the Biden Administration was anti-Democrat in their zeal against capitalism and modern free civilization in general, and this kind of thing bears it out. I hope they keep it up - it will make them much easier to identify and fire.

Voice in the Wilderness said...

you had me at "principled consistency"

RCOCEAN II said...

Thats how the left and the Democrat play hard ball. They want to destroy their enemies by any means neccessary, and by using their power, whether its governmental, NGO or Business. Hopefully, the Right and the Repubicans will wake up and face reality. They aren't going to cooperate. They aren't going to be reasonable. They aren't going to suddenly stop having Trump Derangement Syndrome. They need to be fought and kept from power.

RCOCEAN II said...

And I love how the MSM can just switch on a dime. Trump may issue pardons: "OMG, the rule of law, the abuse of power, blah, blah". Oh Biden just issued a bunch of pardons to his friends and undeserving crooks - "Oh, that's OK. Moveon.org"

Jaq said...

Wow, that's a pretty detailed confession by projection!

And this is why I like this blog so much:

"at least with any principled consistency." Yes, let's be cruelly neutral as to whether this presents an obstacle to Joe Biden.

Jaq said...

The difference between when Biden goes after his political enemies, and Trump is that Trump won't have wall to wall pushback from the press covering for Biden's, and Hillary's well attested crimes.

I challenge any liberal around here to call me out for proof on "well attested."

.... Crickets...

narciso said...

We have seen how they jailed jeff clark for an opinion, conjured up pretexts against navarro bannon and co same for powell guiliani et al

MadisonMan said...

That was my take-away. When the Post writes: "His IRS could engage in selective audits. The Justice Department’s Antitrust Division could scrutinize someone’s business. Without the protection of the Fifth Amendment to avoid self-incrimination, congressional Republicans could subpoena beneficiaries of the pardons. The hearings that followed would be perjury traps — and Mr. Biden’s pardons could not cover future crimes...." it's as if they are revealing the Democrats playbook from the past years.

EdwdLny said...

Hah, hah, hah, "with any principled consistency". The mention of Joey bidet and principles together in any article is such a joke. Let's not forget, that for his entire career , joey bidet has been and continues to be a vile, disgusting, child molesting, pedophile pig. All while claiming to be a "good catholic " He wouldn't know principles if they bit him on his ass. That people continue to defend and excuse this turd creature is despicable and nauseating. Good grief.

mindnumbrobot said...

I doubt Trump will initiate any of the actions as described by the WP, but if he does I'm going to go out on a limb and predict the WP will describe them as "unprecedented".

ronetc said...

As others have already noted, the only correct response to Biden regime concern about "any principled consistency" is hah. And also hah hah.

SAGOLDIE said...

I think the formal, legal "challenge" comes when some prosecuter bring a criminal case against one of these "pardoned" individuals and the defendant makes a motion to dismiss because they were "pardoned." The judge schedules a hearing and as they say, it's off to the races."

In other words, don't hold your breath.

JAORE said...

So, principled consistency or consistently unprincipled?
One can hope the things scuttling from under the overturned rocks are so prevalent and disgusting that the media defense looks even worse than they do now.

Quaestor said...

While following the provided link to X.com, I saw an Elon Musk post about a 10 billion dollar deal to provide the U.S.P.S. with electric trucks. 3000 trucks. Tell me that's not criminal.

tommyesq said...

The Constitutional provision that provides this power reads "The President... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

It does not permit granting blanket immunity for crimes as yet uncharged and undiscovered, and the possibility of such has never been tested. The Hunter "pardon" may well fail, as would the prospective immunity being considered here.

Also, note that the potential horrors identified by WaPo - selective IRS audits (IRS scrutiny of Tea Party), antitrust scrutiny (FTC harassing Twitter/X), Congressional subpoenas (Steve Bannon, anyone?), perjury traps (Mike Flynn?), state court charges (why, they could even abolish the statute of limitations for the sole purpose of bringing long-lapsed criminal charges - say, 34 of them!) - all have been employed by the Obama and Biden administrations extensively.

Gravel said...

It's both better and worse than that. They plan to deliver at least 50k trucks (which is still $200k per truck), but - quelle surprise - so far, they've only managed to ship 93. Airbags don't work.

Kevin said...

Shorter WAPO: What could these people have possibly done that was remotely wrong?

Kevin said...

Do mail trucks go fast enough to deploy airbags? I sense a cost-saving opportunity -- HELLO DOGE!

Original Mike said...

"I think the formal, legal "challenge" comes when some prosecuter bring a criminal case against one of these "pardoned" individuals and the defendant makes a motion to dismiss because they were "pardoned." The judge schedules a hearing and as they say, it's off to the races."

It's important that this happen to, hopefully, eliminate blanket pardons. I nominate Anthony Fauci to be the sacrificial goat who spendsthe rest his life in court.

Jaq said...

Hunter's order pad for presidential Pardons must have been pretty thick! I bet it's still growing. How does he find the time to keep setting matches to the fuse of WWIII? He is really something, this Joe Biden.

Jaq said...

Does the "emolument clause" have any force of law, for instance, if POTUS is accepting cash and handing out pardons? It didn't seem to when Hillary Clinton was demanding Tallyrandesque contributions to her "foundation" before meeting with people with business before the Department of State. But that's different, I guess.

Josephbleau said...

“I think the formal, legal "challenge" comes when some prosecuter bring a criminal case against one of these "pardoned" individuals and the defendant makes a motion to dismiss because they were "pardoned.””

I was wondering how anyone would have standing to challenge. This may provide it.

Rabel said...

It's not criminal. There's a "by now" at the end of the post in question which changes the math.

Kakistocracy said...

You are confusing granting clemency, commuting sentences, and pardons.

Include a sidebar that explains each, which are different, and the impact on your rights and criminal record.

Kakistocracy said...

For those in the comments trying to spin things you might want to read the below (its pretty basic stuff and I don't see the words innocent anywhere)….

Clemency is a general term for reducing the penalties for a crime without actually clearing the criminal record, which can take the form of a pardon, a commutation of sentence, a reprieve, or other relief. It is an act of leniency or mercy granted by a person in a position of authority, typically a head of state (like a president or monarch) or a governor, to those who have been convicted of crimes.

Readering said...

Missing connection between Biden pardons and SEC investigation(s) into Musk. Generally, The SEC issues what's known as a Wells notice before starting an enforcement action, giving the potential target 30 days to respond in writing making its case for no-action. And when it happened to my client, we took longer with no repercussions (and no demand for settlement followed our submission, nor an enforcement action filed, but no explanation given either). I'm assuming that process happened with Musk.

Craig Mc said...

Shorter Democrats: "How dare you retaliate!"

Josephbleau said...

Your assumption will come back to haunt you. Beiden is out for Musk even at the last gasp.