Presidential Pardons Portend Potential Problems - Professor

They Destroy Major Protections Against Investigations; Any Secret Pardons
 
WASHINGTON - Jan. 20, 2025 - PRLog -- Just minutes before his presidency was to end, then-still-President Joe Biden issued pardons to several close family members, saying that he had "no reason to believe these attacks [on them] will end."

Thus they are shielded from any future federal criminal prosecutions, but not from possible state prosecutions, says public interest law professor John Banzhaf, noting the unprecedented RICO prosecution of Trump in Georgia which he triggered by filing a formal complaint.
Law Professor's Complaint Leads to Investigation Into Trump's 'Find 11,800 Votes' Call (https://www.law.com/dailyreportonline/2021/02/09/law-professors-complaint-leads-to-investigation-into-trumps-find-11800-votes-call/)

But the pardons also create some potential problems.

First, they remove the major protection the family members would have enjoyed if either house in Congress were to follows through on their threatened congressional investigations into an alleged scheme by Joe Biden including engaging in criminal activities such as receiving bribes (some called tribute), covering up the alleged bribes with questionable if not illegal activities, and other related crimes.

The same is also true for any investigations which might be opened by the Department of Justice once it comes under new and possibly hostile leadership, notes the law professor.  This could include an investigation of why the Biden Justice Department allowed the statute of limitation to run out on some of Hunter Biden's crimes, and why individuals in the department tried to protect the former first son with a "sweetheart" plea deal.

Once the relatives have been pardoned, they can no longer claim any First Amendment right to refuse to answer questions in investigations which could produce evidence that the former president might have committed crimes, and therefore might himself be open to criminal prosecution.

Since Biden presumably would have realized this risk - a serious one in view of the evidence of such possible crimes which has already been made public - it raises the logical next problem: whether Joe Biden issued a pardon to himself, but has not disclosed it.

Banzhaf notes that legal scholars seem to agree that a presidential pardon is and remains effective, even if it is not publicly announced when it was issued.

So Biden, fearful of possible criminal prosecution himself, but not wanting to further tarnish his image by announcing a pardon to himself at this time (if ever), may have signed an official presidential pardon for himself, planning to reveal its existence only if future events made it necessary for him to do so.

Indeed, adds Banzhaf, there may also be other pardons, issued to additional individuals for any number of reasons - some of which are questionable, and capable of further tarnishing Biden's reputation and legacy - which were also issued in secret, perhaps so as not to tip off investigators.

http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf

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