Article: Letters to the Editor: Trump has vowed revenge. Start the pardons, President Biden
From the above:
To the editor: Harry Litman relies on the wisdom of grand juries, juries and judges in protecting the subjects of President-elect Donald Trump’s enemies list. However, even unsuccessful prosecutions could bankrupt many innocent “defendants.” (“Will Trump launch a reign of terror against his list of enemies? There’s little to stop him,” Opinion, Nov. 7)
The easiest way to provide all of “Trump’s perceived enemies” with legal (and financial) protection from frivolous prosecution would be for President Biden to compile an enormous list of people to pardon before he leaves office, including prosecutors, judges, journalists, pollsters and others.
Jack Smith, Liz Cheney, Adam Kinzinger, Adam Schiff, Kamala Harris, additional members and witnesses of the House Jan. 6 Committee and many others come to mind.
This won’t eliminate the threats to democracy, but at least it might provide protection for some people.
Mark Henderson, Folsom, Calif.
Pardons and clemency by the President or a Governor require the person being pardoned to accept it. In accepting a pardon or clemency from the President or Governor, you are also openly admitting guilt to at least what is mentioned in the pardon. Even if you don’t explicitly say you’re guilty, accepting the pardon means you’re saying you did it unless the pardon states clearly that you are being pardoned because you’re innocent.
So, for example, if the Governor of Kansas were to issue me a pardon for, at the extreme, murdering a police officer, accepting that pardon would mean I’m admitting to being a cop killer.
Meaning, given the above, if President Biden were to preemptively pardon all the individuals so named, plus himself and others, those individuals accepting the pardons would, more or less, be an confessing and admitting guilt to at the least whatever is outlined in the pardon. Meaning it absolutely would NOT be in Biden’s interest, or the interest of the Democratic Party, to even consider issuing such pardons. But if Biden were to ignore that and issue them anyway, it would also not be in the best interest of those being pardoned to accept them.
At the same time, the pardons also eliminate any protection of the Fifth Amendment to whatever is named in the pardon, meaning the individuals who are pardoned can be compelled via subpoena from a Court or Congress to provide testimony to whatever is named in the pardon. Since a preemptive pardon is, in effect, a grant of immunity, meaning self-incrimination is impossible.
Meaning the grants of pardons, and their acceptance by those pardoned, won’t end any investigations. It’ll only amplify them.
I don’t think Mr Henderson from Folsom, CA, really thought this through.
