Policy
Presidents should not be able to pardon arbitrary time windows on felons. They should be required to enumerate the crimes they have been guilty of, and only those crimes they are incarcerated for.
Background
Joe Biden just pardoned his son, Hunter, for any crimes he committed in a TEN year window. The concern is that there are crimes undisclosed that could further implicate Joe Biden, other Biden family members, associates, or acquaintances.
Unsubstantiated Opinion
When the seemingly corrupt DOJ was acting for the undeserved benefit of Hunter Biden, they offered a plea deal that would make him immune to further prosecution from past or future crimes. Public pressure forced them to act and they tried to turn it into a benefit. Since the statute of limitations for the more serious crimes was allowed to expire they could charge him with the less serious crimes, and bundle the plea deal that would protect him from other charges. Thankfully we had a ethical judge that forced a more fair plea deal wording.
Joe Biden’s pardon went forward with the same unreasonable protections for his son Hunter. Now, Joe Biden and the Biden family are protected, as the “bag man”, Hunter Biden, is protected from future prosecution making it difficult to discover/surface evidence.
I disagree with your scoping of pardon powers. Presidential pardons should primarily focus on Title 18, however if you specified that limit and any government agency choose to fine you, seize your property or jail you for noncompliance for non criminal behavior unjustly the executive branch couldn’t pardon you.
Legal Insights: The Rights of a Pardoned Individual in Court
When a person receives a pardon, their legal landscape changes dramatically—especially if they are called to testify in a trial related to crimes for which they were pardoned.
Key Points:
Pardon Overview: A pardon absolves an individual from the legal consequences of specific crimes but does not erase those crimes from history. This means the individual cannot be prosecuted for those offenses. Importantly, they cannot invoke the Fifth Amendment regarding those crimes, as they cannot be prosecuted again.
Fifth Amendment: Typically, the Fifth Amendment protects individuals from self-incrimination. However, once pardoned, individuals lose this protection concerning the crimes for which they were pardoned. Thus, they can be compelled to testify about those crimes without the option to invoke the Fifth.
Implications for Testimony: This makes a pardoned individual, like Hunter Biden, a potential “perfect prosecutorial witness.” If called to testify, he must answer questions about his actions leading to the pardon. If he chooses to remain silent, a judge can find him in contempt and jail him until he agrees to testify.
Political Context: While some view pardons as controversial, it’s crucial to understand their implications in the legal system. Democrats may not oppose the pardon itself but should be concerned about the strategic advantage it provides to the prosecution in ongoing investigations. Republicans on the other hand should be praying Hunter remains healthy and doesn’t overdose in a room without any recreational or prescription drugs in it!
In summary, a pardon can transform a former defendant into a pivotal witness, reshaping the dynamics of legal proceedings. As the legal landscape evolves, so do the strategies of both defense and prosecution. Stay informed!
Thanks for your thoughts on this matter, it’s appreciated.
If I understand you correctly, you’re not interested in changing the pardoning powers, or at least not in the way I stated. Specifically because you believe that it is a useful tool to compel testimony.
I sadly, have much less faith in (often) criminals be honest in their testimony. It doesn’t even have to be outright lying/perjury. There have been countless trials/depositions where I question the legitimacy of the “I do not recall” response.
I do however understand that there may be challenges to protect a willing witness. Are heads of state often involved
Presidential pardons were created to rectify injustices and were not created to protect criminal behavior. Presidents should not be able to preemptively pardon a person if they have not yet been charged with a crime.
I would also add that presidential pardons should not be allowed preemptively to provide immunity for political allies, family, friends, and (potentially) in a roundabout way, themselves.
Legal Insights: The Rights of a Pardoned Individual in Court 
Key Points:
