Legal Insights: The Rights of a Pardoned Individual in Court
When a person receives a pardon, their legal landscape changes dramaticallyâespecially 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 âperfect prosecutorial witness.â 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, itâs 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 doesnât 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!
Is there a lawyer here? How can you get pardoned when you havenât even been charged with a crime? Can they still be sued civilly, like the guy who he owes past rent to? All I know is if this happens and he gives pardons to Fauci, for example, that hasnât been charged with any crime, there better not be any, I mean any complaining of pardoning the J6ers. They deserve it, and the Christians sitting in jail for praying at an abortion clinic, or the guy that posted a meme of Hillary and is sitting in jail, or Daniel Penney for being a hero? I just didnât think you could be pardoned if you werenât charged with a crime. Anybody know the answer?
AFAIK the PRESIDENTIAL PARDON power only is meant to be used for crimes against USA. This idea that no Constitutional lawyer has challenged these pardons is very surprising to me.
In Murphy v Ford 1975, there was a challenge to President Fordâs pardon of President Nixon- because there had not been a filing (or conviction) of charges.
The federal court ruled that a preemptive pardon is valid, and the President can issue a pardon for offenses that have not yet been charged or prosecuted.
The court relied on the Supremeâs precedent of Ex parte Garland (1867), which recognized the Presidentâs power to grant pardons âfor offenses against the United Statesâ at any point, even before an indictment.
Who would pardon the family member if it was valid? I understand the issue here and everyone knows it was nepotism. But what if there was lawfare that resulted in jail time for a family member and you were in the position to set that right? I think we have to look at all scenarios that will result from a rule not just the current one.
If this was a pattern seen with many Presidents I think it may warrant more action. However, unless we are seeing this happen all the time I donât think we should place rules/regs in place that may seem good at the time and get twisted into harm later.
This, however, is different than just pardoning a relative. If a President starts to pardon people who caused great harm to many people that is another level. Example, Fauci.
I totally agree with this and it shows conflict of interest or could be classified as conspiracy. I also donât feel Biden or any future president should be allowed to âblanket pardonâ anyone who hasnât been charged with a crime yet. So Biden protecting these people by wanting to do this shows they( the persons) are guilty of something or a crime.
The President should not be able to pardon family members. They also shouldnât be allowed to pardon anyone who has not been formally charged, convicted, and sentenced for a crime committed including crimes committed by government officials such as congress, senate, Supreme Court, DOJ, or any other government agency or department.
The power to grant pardons is enshrined in the U.S. Constitution, specifically Article II, Section 2, which states that the President âshall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.â Legally this means it would take a constitutional amendment, not just an act of Congress or a policy to change. But what are the limits of this power? Letâs break it down!
Adjudicated Cases: The President can grant pardons for offenses already adjudicated in court. Landmark cases like Ex parte Garland (1866) affirmed that pardons can absolve individuals of their convictions. In Burdick v. United States (1915), the Supreme Court ruled that a pardon carries an implication of guilt, meaning it can be accepted or rejected by the individual.
Non-Adjudicated Cases: The President can also issue pardons for offenses that havenât been adjudicated. While this is less common, it serves as a preventive measure. The case of United States v. Klein (1872) highlighted that Congress cannot limit the Presidentâs pardoning power, emphasizing its broad scope.
Self-Pardons: The legality of self-pardons remains contentious. While some argue it contradicts the principle that no one should be a judge in their own case, others point to the absence of clear constitutional prohibitions. The Supreme Court has yet to definitively resolve this issue, leaving it open to interpretation.
Historical Context: In Richard Nixonâs pardon by Gerald Ford in 1974, the question of pardoning for acts committed while in office sparked significant debate about accountability and the limits of executive power.
Key Takeaway: While the Presidential pardon power is broad, it is not without its complexities and boundaries. Each case sets significant precedents, shaping our legal landscape.
What are your thoughts on this power? Should there be more limitations?
Because of a lot of discussion on pardons edited this to add a reason to support presidential pardons.
Legal Insights: The Rights of a Pardoned Individual in Court
When a person receives a pardon, their legal landscape changes dramaticallyâespecially 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 âperfect prosecutorial witness.â 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, itâs 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 doesnât 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!
And 100% agree with you 110%. No pardoning family members no pardoning business partners employees coworkers government employees. But on a positive note now that he has that blanket pardon in making him testify against other people he canât use the fifth Amendment because he has a blanket pardon so heâs not going to incriminate himself about anything.
100% agree, and that should include Trump too. He pardoned Ivanka Trumpâs father in law, who committed large scale thievery and fraud. No person in office should be able to do that.
Not just family! No one operating in a political capacity should EVER be extended a pardon. Operating as governmental agent, on behalf of We the People should require a high degree of moral and ethical character. Such that they would never need to be pardoned, or even considered for such a thing. What a contrast, Treason is punished with death - or you can be a lying POS and be pardoned. Time we start affirming our founding fatherâs wisdom!
I agree with all this but for me it still leaves a question that is fundamental and as far as I can see undecided. Can you pardon someone for something that is not defined, he has not been accused or charged or convicted of. Can the President say I pardon you for anything you may have done anywhere any time. This is far more dangerous than the Presidential immunity questions the left went cray about a few months ago. They then said the President is above the law. If this pardon power stands then anyone is above the law that the president deems to be above the law. Anyone for anything done at anytime. He could write 10,000 pardons for everyone in his administration. In fact why even name them just right a pardon stating for anyone who at anytime did anything to assist me going back 50 years, Surely the SC would limit this power. A pardon should be for a person and a specific identified activity.
How do we even know that the person we see on TV acting as Biden is REALLY THE Joe Biden? Weâve seen information that actors all over the place are wearing masks or using computer graphics to simulate someone who is dead/sick or whatever. If he is a âdoubleâ or actor then he cannot pardon anyone. Letâs see some DNA results that he really is THE Joe Biden.
âThe man, a Chinese national with ties to the Chinese Communist Party (CCP), had reportedly been found with 47,000 child porn pictures and videos, including depictions of the sexual assault of toddlers and infants.â
Legal Insights: The Rights of a Pardoned Individual in Court 
Key Points:
What You Need to Know About Presidential Pardons 
What are your thoughts on this power? Should there be more limitations?