Quick Take: Biden's Corrupt Pardons Should be Tested Before the Supreme Court
Joe Biden's final acts may push the court to finally limit the power of pardon
As incoming Attorney General, Pam Bondi is in the position to seek justice for crimes committed against the United States during and prior to the outgoing Biden administration. Federal crimes, such as lying to Congress or obstructing justice or treason, are the remit of the federal court system upon investigation and indictment by the AG.
Except now that cannot happen for a number of political and familial acquaintances of the outgoing president - he’s “preemptively” pardoned General Mark Milley, Dr. Anthony Fauci and various members of the House January 6th Committee, as well as his own son for any and every crime he may have committed over the past ten years, including crimes under investigation and those which haven’t yet even been imagined.
What alleged crimes were committed? We don’t know and the pardons don’t specify.
So here’s where this leads: if this form of pardon power holds, then presidential administrations and their families know they can get away with literally every federal crime - they have pardon immunity for life! Can we see where this leads?
If there is “sauce for the gander” then Trump’s family and appointees know they can ignore or violate federal statute with reckless abandon - they are literally “above the law”. No president should have that authority.
This also binds the incoming administration against performing their constitutional duty - these not-even alleged, unspecified crimes won’t be investigated because the suspects have already been deemed pardoned for any offense which may be identified. What would be the purpose of an investigation?
Whenever a current administration takes preemptive action to foreclose constitutional authority of a future administration, that is, to me (and I believe the Supreme Court would agree) an unconstitutional act. And enforcing the laws is among the highest of authorities a president has.
Once sworn in, Pam Bondi needs to challenge these preemptive pardons as a breach of constitutional authority. The president’s power to pardon must be limited to actual specified and charged crimes, not a blanket immunity against future investigations that enables corrupt practices throughout a president’s tenure.