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Preemptive Pardons: Can a Cognitively Impaired President’s Pardons Be Dismissed?

By their very nature, convicted criminals receive pardons for previous bad acts. But is Joe Biden about to break new ground using presidential pardons? After all, he pardoned his crackhead, criminal son Hunter after proclaiming many times that he would not do so. He told the American electorate to respect the judicial process. As we learned on December 1, 2024, his “word as a Biden” was absolute bullshit.

Now the question as he leaves the presidency in disgrace is who will he pardon preemptively without a successful prosecution and a sentence imposed? Anthony Fauci? Jim Biden? Liz Cheney? Bennie Thompson? Merrick Garland? Mark Milley, Nancy Pelosi, Adam Schiff? Alejandro Mayorkas? Cassidy Hutchinson and anyone else who committed perjury, plus others in furtherance of false prosecutions, should be tried and convicted. Politically motivated prosecutors Jack Smith, Fani Willis, and Letitia James should be disbarred. Corrupt, biased judges must be removed from the bench like Arthur Engoron and Juan Merchan.

After four years of Biden’s mismanagement of American domestic and foreign policy and the most massive presidential coverup in U.S. history—for every member of his cabinet to fail to impose the provisions of the 25th Amendment and remove Biden from office for his obvious cognitive decline and remove this husk of a president from office—the list is almost endless. We think of them as a cabal of clowns.

The president has broad pardon powers embedded in the Constitution.

Here are some of the players who are likely candidates for Biden-issued preemptive pardons:

  • Dr. Anthony Fauci: Committed perjury in front of Senate investigators; specifically, Senator Rand Paul charged that he funded gain-of-function research through EcoHealth Alliance and Dr. Peter Daszak. Fauci is also one of the primary spreaders of COVID-related misinformation and disinformation, especially concerning the efficiency of mask mandates.
  • Jim Biden: After Hunter Biden, the primary bagman sweeping untold millions into the coffers of the Biden Crime Family was Jim Biden, President Joe Biden’s brother. With the money transfers for “loans” between Joe and Jim—for which there are no contracts or documents unless proven otherwise—this appears to be a money laundering scheme on a massive scale designed to conceal efforts to pay back Joe after using his name with foreign parties, especially in Ukraine. Use RICO statutes to prosecute Jim Biden to the fullest extent that the law allows.
  • Liz Cheney: As the vice chair of the J6 investigation, Cheney is accused of suborning perjury of former Trump White House aide Cassidy Hutchinson outside of the official Senate J6 investigation, taking statements from Hutchinson without her lawyer present, clearly an ex parte communication that as a lawyer herself, should have known. It is also alleged that she destroyed important J6-related documents from witnesses that would have proven that President Trump was not involved in inciting an insurrection. Of all the persons on this list, she has the greatest legal exposure going forward post-January 20, 2025. She should be prosecuted to the fullest extent of the law and should spend the rest of her life behind bars.
  • Bennie Thompson: Chairman of the J6 Committee, like Liz Cheney, is possibly guilty of destroying important non-public testimony that would have exonerated President Trump and many of the J6 defendants. Like Cheney, he should acknowledge his crimes in a court hearing and be forced to apologize for deceiving the American public for his partisan deception as Chairman of the J6 Committee before he is removed from the House of Representatives to serve a long prison sentence.
  • Merrick Garland: Garland was instrumental in having Donald Trump’s residence raided by the FBI, which not only ransacked Trump’s bedroom but also photographed “evidence” of mishandling classified documents by staging them with cover sheets indicating the documents were CLASSIFIED in bold letters. Garland has distinguished himself as a gangster government operative, using his office to persecute political enemies and further efforts to weaponize our institutions, rendering them completely corrupted and having zero credibility.
  • Nancy Pelosi: A noted genius in picking winners in the stock market, Pelosi has repeatedly violated insider trading laws to enrich herself and her husband, Paul. Contrary to what some say, that Congress has exempted itself from such laws, the truth is that Pelosi has ruthlessly wielded power in ways that others in Congress simply do not wish to cross by enforcing these laws lest they feel her wrath. It has also become obvious that Pelosi purposely refused to add Capitol police at Donald Trump’s request and possibly knew of a scheme to rush the Capitol on January 6, 2021, to certify the 2020 election without a proper vote.
  • Mark Milley: For dereliction of duty as Chairman of the Joint Chiefs of Staff for violating the chain of command. Going behind the commander-in-chief by directly communicating with his Chinese counterpart, promising to intervene if Trump should attempt to remain in power following his 2020 election loss. Quite possibly a modern-day Benedict Arnold whose actions are unprecedented in American military history.

  • Adam Schiff: For repeated and unrelenting spreading of the proven false RussiaGate hoax, in essence, while on the floor of the House of Representatives, knowingly spreading misinformation and disinformation over the past eight years. This protection does not extend to making similar statements repeatedly on major news outlets like MSNBC (also known as MSDNC) and CNN, as well as on the pages of the New York Times, the Washington Post, and other media outlets. A contemptible human being by any measurement standard, he is most deserving of a long prison sentence for his willful destruction of the American legal system, undermining the very core of American democracy.

  • Cassidy Hutchinson: Although a low-level player in the J6 mess, this is the one individual who is most flippable, especially concerning Liz Cheney. At Cheney’s behest, she committed perjury about the J6 limousine incident with President Trump in “The Beast.” She testified to actions by President Trump that were physically impossible. Her testimony was refuted by several Secret Service agents assigned to President Trump. Clearly a tragic figure in the J6 investigation fiasco, it will be interesting to see if this young woman will be willing to take the fall for those above her, specifically Liz Cheney. In exchange for a suspended sentence, she must recant previously proffered testimony that will implicate Cheney. Likely the first domino to fall concerning J6.
  • Alejandro Mayorkas: If anyone will require a presidential pardon, it’s Mayorkas. For repeatedly lying before House and Senate committees about his past false statements that the U.S. southern border was secure, a perjury case here should be a no-brainer. Get him under indictment, then get him to flip in exchange for implicating Joe Biden, even if he has been granted a pardon or if Biden pardons himself.
  • And of course there are the judges that provided legal venues for the false and malicious persecution and prosecution of President Trump since January 2021 and the corrupt prosecutors in the orchestrated efforts by the Biden White House to deploy unprecedented lawfare against Trump, his associates, and many of those charged with related charges. They include prosecutors Fani Willis, Letitia James, and Jack Smith (who was appointed without Senate confirmation), along with judges Juan Merchan and Arthur Engoron. Their complicity in this massive conspiracy orchestrated by the Biden White House and Merrick Garland’s DOJ is simply too widespread to chronicle here. It deserves a second feature that can follow Trump’s second inauguration but we wanted to call each out for proper scrutiny.
  • And finally, there’s Joe Biden himself, who has been a key figure in the orchestration of the entire legal harassment of President Trump, deploying never-before-seen lawfare.

Before his presidency, Biden’s improper off-site storage of his papers left him legally exposed, according to Special Prosecutor Robert Hur. While protected by presidential immunity for acts committed during his presidency (the same as Trump), his illegal acts through a series of dubious executive orders (that will be repealed by the incoming Trump administration). Other illegal actions through executive orders, like ignoring Supreme Court rulings, pushed forward his agenda on a wide variety of public policies like student loan forgiveness. The last action was his vote-buying scheme, forcing hard-working blue-collar taxpayers to pay for the $100,000 education of woke graduates possessing useless gender studies degrees that qualified them to flip burgers at In-N-Out for $20 an hour. It’s not only unconstitutional but punishes non-elite taxpayers for decades to come.

Can and will Joe Biden pardon himself? We will likely find out today between now and 11:59 AM as dignitaries file into the United States Capitol Rotunda to inaugurate the 47th President of the United States, Donald John Trump. After that, Joe Biden’s pardon powers will evaporate, forever.

Biden’s exit can’t come a moment too soon. Let’s hope that Republican district attorneys and congressional committees bring this cabal of clowns to justice and see that they pay for their crimes and serve long prison sentences. This will serve as a warning to both political parties to never again deploy third-world lawfare to attempt to take a political opponent off any ballot, from local school board races up to the Office of the Presidency.

Unfortunately, let’s also assume that justice for these serial offenses will not come swiftly and will not likely be decisive. This is Washington, D.C., where corruption and depravity are part of the landscape, where most everyone is in on the grift and will do whatever it takes—including taking down their colleagues—to save their hides. With so much entanglement and plenty of legal violations to go around, we expect an army of lawyers to get quite wealthy, as those who did not sidle up to Joe Biden for their preemptive pardon will now have the entirety of corruption wrapped around their necks.

And what if a movement to void these pardons (as well as just about anything Biden signed in the past few years) emerges, citing Biden’s obvious infirmity and inability to cognitively understand what he was signing? Could these pardons, commutations, and clemencies be rendered invalid? Could the criminal activities of this rogue’s gallery actually be prosecuted, preemptive pardons notwithstanding?

Did the Democrat’s unwillingness to invoke the 25th Amendment years ago provide Trump the ammunition to properly wipe out every single one of these actions by an enfeebled man with late-stage dementia?

We can only dream.

***

Richard Truesdell is a former consumer electronics retail executive and automotive travel photojournalist. In the last 25 years, he has visited more than 35 countries on six continents. A former high school history teacher with a BA in Political Science from Waynesburg University, he is a lifelong Conservative moderate who has turned his thoughts and keyboard to political commentary and popular culture. A cross-section of his writings can be found here.

Keith Lehmann is a retired consumer electronics industry executive who has written extensively on technology, transportation, and international travel. Living in Southern California for over fifty years, he has first-hand exposure to societal and cultural happenings of the left and submits decidedly realism-based, Conservative viewpoints, much of which can be found on his Substack.

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Photo: WASHINGTON, DC - OCTOBER 06: U.S. President Joe Biden leaves after delivering remarks on the September jobs report at the White House on October 06, 2023 in Washington, DC. The U.S. economy added 336,000 new jobs in September, almost doubling expectations according to Bureau of Labor. (Photo by Kevin Dietsch/Getty Images)

Notable Replies

  1. The answer to the headline question is, “No.” But there’s a more important issue. By definition, a pardon is issued to relieve an offender of the consequences of a conviction or of the burden of defending formal charges that have been filed. Biden is not ‘pardoning’ people; he’s purporting to grant full transactional immunity to people who have not been convicted of anything (other than Hunter) nor even formally charged. The president has the power to pardon, not to grant transactional immunity. That is the basis upon which these acts should be legally challenged. And if this challenge fails, the pardon power should be amended or, better yet, repealed. We no longer need a modern president to have this atavistic power from the era of monarchies.

  2. The 25th Amendment is the only way to remove a president that is non compos mentis. The Democrats wouldn’t do it and the Republicans cynically refused to do it.

    So, that takes the issue of competence off the table. Any discussion to the contrary is just so much navel gazing.

    And then we have the issue of pre-emptive pardons, for which there IS a precedent. Gerald Ford pardoned Richard Nixon for any and all crimes which he could be charged with associated with the Watergate break-in and subsequent coverup. Although I do not believe that was ever challenged in court, its likely it would stand since the president has broad powers under the use of presidential pardons.

    Though all the people Biden pardoned deserve to be in prison, it is a snipe hunt trying to go around their pardons and impose justice. The best we can hope for is to haul them in front of congress and force them to tell the truth as they can no longer rely on the 5th Amendment. And if they lie, then send them to prison for perjury.

    Other than that, let’s celebrate this glorious day and accept that life is unfair, and that justice is not always meted out in this lifetime. But we can be sure it will be in the next.

  3. @Maximus-Cassius thank you for your thoughtful reply to our commentary. It is appreciated.

    This played out almost exactly as Keith and I predicted. First Fauci, Milley, and the Republican co-conspirators on the J6 Committee and it concluded with the rest of the Biden Crime Family preemptiely pardoned after the inauguration ceremony had started.

    This was the final poke in the eye to not only to incoming President Elect Donald Trump but to the American people. It shows the contempt that this petty, spiteful, vile man has within his heart.

    We can glad this four-year nightmare has concluded. The American People have literally taken out the trash. With his tarnished legacy of failure, let’s hope there will never be a Joseph R. Biden Presidential Library. If there is, let George Soros (whose U.S. citizenship should be revoked) pay and build it for him and that not one cent of taxpayer money is used to construct it.

    That is the justice and rebuke that Joe Biden so richly has earned and deserves.

  4. Avatar for Phredd Phredd says:

    Here I must slightly disagree with my good friend Caz. Ford’s pardon of Nixon was never tested in court, and therefore has little precedential value in the legal sense. Further, I read Ford’s pardon as a gesture to ONE person in a limited situation (and dubious as to actual criminality). In contrast, in this case there is a huge cast of miscreants, all very deep in it.

    So, as much as we want to move on, we should still prosecute at least one of the named cast of characters. The real point is that this should go up to the Supreme Court for a decision on the question, “Can a person be legally pardoned before jeopardy has attached”. I suspect that the answer will be “No”, but having practiced law, I’d really like to know.

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