Tag: presidential pardon

Something Is Rotten in the States United

W.J. Astore

America, Land of Preemptive Pardons and Preemptive War

I woke this morning to the news that President Joe Biden has issued preemptive pardons for Dr. Anthony Fauci, retired General Mark Milley, and members of the January 6th Congressional committee. These pardons are intended to shield them from persecution and prosecution by incoming President Donald Trump.

Preemptive pardons: I’m not a legal eagle, but are these in any sense Constitutional? 

More and more, U.S. presidents are assuming the powers of popes and kings. A preemptive pardon is a form of absolution in advance, or perhaps a type of indulgence to spring one from the purgatory (or inferno?) of Trump’s wrath. Or perhaps a preemptive pardon is akin to the royal touch: the old belief that monarchs, as God’s representative here on earth, could touch their subjects and heal them.

America used to have an idea and ideal of the president as first citizen, as a public servant accountable to the people through our elected representatives in Congress as well as the courts. Now, it’s the “unitary executive,” the president as commander in chief of us all (not just the military), as supreme leader. It doesn’t bode well as Trump takes the reins today, does it? Expect to be ridden hard, America.

Partisan Democrats may be cheering Biden’s preemptive pardons today, but how about in four years when a lame duck President Trump issues his share of “get out of jail, free” preemptive pardons?

This idea of “preemption” recalls Vice President Dick Cheney and his idea of preemptive war. Basically, it went like this: If there’s a 1% chance a country might attack the United States, that’s all the justification a man like Cheney would need to launch a war (and without a Congressional authorization of the same, mind you). Again, it grants to presidents (and vice presidents like Cheney) the power of monarchs, which isn’t exactly what the Founders of America had in mind when they set up our government.

Preemptive pardons, preemptive war: What next? Preemptive censorship? (I know: we already have that.) Preemptive arrest and incarceration, as in the movie “Minority Report”? We think you may commit this act, this crime, this sin, so we must “preempt” it, and it’s all your fault for making us do this.

Something is rotten in the state of America.

Biden’s Pardon of Hunter (Again)

W.J. Astore

Liberals at The Nation Applaud Joe Biden for Lying

At The Nation, Elie Mystal has an article, “Of Course Joe Biden Was Right to Pardon His Son.” Mystal’s argument, such as it is, asserts that Republicans are worse than Democrats when it comes to hypocrisy and persecuting their rivals, so Joe Biden was right to shield his son from their partisan efforts to persecute him. In a nutshell, the argument is that Trump’s done worse, plus Biden is a “loving father,” so that makes the pardon justifiable.

He loves his son, Trump is worse, and that’s all you need to know.

It’s a mind-boggling “argument,” which got me to write this short note to the editor:

That Joe Biden was right to pardon Hunter isn’t as questionable as the nature of the pardon given. The pardon is sweeping, covering 11 years, and open-ended, covering just about every conceivable federal crime. It’s likely no accident it begins in 2014, when Hunter started on the board of Burisma, a Ukrainian energy company, where he “earned” $1 million a year. The sweeping nature of the pardon suggests that much is being swept under the rug here, especially Hunter’s dealings with Ukraine and China.

More than this, however, is President Biden’s integrity. Time and time again, Joe Biden said he wouldn’t pardon his son under any circumstances. That he trusted the justice system and jury trials. Those assertions now stand revealed as lies.

In his article, Elie Mystal says it’s all about power here. Perhaps he should think about justice and integrity as well.

I can see Joe Biden pardoning Hunter for specific crimes (like firearm charges) that he believes are overdrawn, but an eleven-year blanket pardon that coincides with Hunter’s highly questionable actions in regards to Ukraine? After Biden had sworn, again and again, he was not going to pardon Hunter for anything?

That Elie Mystal, the Nation’s justice expert (!), can applaud Joe Biden here is truly sad. Come on. Claiming that “Trump worse” or that Biden’s a “loving father” is no excuse for anything.