After four years of one excessively hubristic, holier-than-thou political lecture after another interminable despotic “Nobody is Above the Law but me, myself, and I” scolding, Joe Biden, in a last-ditch hurrah, in the 11th hour of his lawless, failed Presidency, in what was yet another brazen display of rank hypocrisy allied with his rank incompetence and corruption, commemorated the finale of his vicious and vindictive Lawfare Campaign against President Trump with a vast expansion and perversion of our Constitution’s Article II “Pardons Clause” to corruptly benefit himself and his inner circle, by issuing a slew of Preemptive Presidential Pardons to his political and bureaucratic allies in addition to five other family Members of The Biden Crime Family Syndicate.
Needless to say, for those of us who have been tuned in, Biden’s final act of betrayal, the egregious abuse of his powers, of his Oath of Office, and of the two Fundamental Principles behind our Constitution’s Article II Pardons Clause —(that our Founding Fathers specifically established to not only show mercy in cases of injustice and/or harsh punishment but also to serve and promote the public’s best interests, to, in effect, heal our Nation, particularly in times of unrest and crisis)— principles that were neither pursued, much less even established through, nor applicable to Biden’s Preemptive Presidential Pardons that he granted to his political allies and family members but moreover that were sought and granted in what was nothing short of a singular, self-serving sordid effort to save his own caboose from prosecution by effectively stymieing any existing or future investigations and resulting indictments emanating from said probes that could and would potentially land on his doorstep.
In Federalist No. 74, Alexander Hamilton argued that the Constitution creates a pardon power out of “Humanity and good policy…” and that “without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel…” that to allow for or “plead for a mitigation of the rigor of the law…” in other words, granting pardons in cases or to people whose penalty or punishment was too harsh or unjust. He went on to explain that the pardon power must remain unfettered in order to help end public disorder or civil unrest, stating that, “In seasons of insurrection and rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth…” In other words, the pardons must serve the public's better interests.
In the 1886 case, Ex parte Garland, the Supreme Court ruled that a President’s Pardon Powers “may be exercised at any time after the commission of an offense, either before legal proceedings are taken, or during their pendency, or after conviction and judgment…” but he may not Preemptively Pardon a crime that has “not yet been committed,” because it would function as a personal waiver and the impermissible dispensation of the laws.
However, that said, and as much as I hate, oops, I mean, love, to sound like a Captain Obvious buzz kill to all those Left-Wing loyalists and lunatics out there twisting themselves into a pretzel trying to defend the indefensible and justify Biden‘s perfidious Preemptive Pardons, the fact remains that none of Biden’s pardons quite fit within the parameters of the aforementioned Supreme Court Ruling on the matter and nor do they comport with our Founding Fathers two Fundamental Founding Principles behind our Constitution’s Article II Pardons Provision.
And why? —Well, because:
1)— A crime has not been “identified,” let alone charged, much less prosecuted, resulting in an unjust harsh punishment deserving of a pardon.
2)— Biden and the unindicted recipients of his pardons have all claimed that a crime or crimes have not been committed, which, if true, is contrary to the Supreme Court’s ruling that “A President may not Preemptively Pardon a crime that has not yet been committed.”
And
3)— These Pardons do not serve the public's best interests; rather, they serve Biden, his family, and his political cronies' best interests.
During Virginia’s 1788 Ratification Convention, George Mason argued that a President, “If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection…” that eventually he would “establish a monarchy, and destroy the republic.”
Suffice it to say, Mason was right: Here we are, 237 years later, and that is precisely what Joe Biden has done on his way out the door.
You see, by issuing Preemptive Pardons to his political allies and family members, Biden has, in effect, “stopped the inquiry,” i.e., investigations, in a deliberate effort to “prevent detection” of his and his family’s Foreign Influence Peddling and Money Laundering criminal enterprise that raked in tens of millions of dollars from Foreign Oligarchies during his, the “Big Guy” Biden’s, time as a U.S. Senator and Vice President to Barrack Obama, and as such, Biden has, or as George Mason so eloquently contended, set us on a path to “establish a monarchy, and destroy the republic…” of course, in Joe Biden’s case, establishing a “dictatorship” rather than a monarchy that would or will, if it is allowed to become the norm, destroy our Republic…
Needless to say, aside from the dangerous precedent Biden’s Preemptive Pardons have set, they have also, for obvious reasons, proved yet again just how utterly insincere, vacuous, and vindictive he truly is, whilst not only shining a spotlight on his five decades of self-enriching misdeeds and treasonous corruption against the United States, but also illuminating the weaponized Lawfare and lawless malfeasance of his Administration, of the Democrat Party at large as an Authoritarian Regime that is driven by power, and of his Deep State allies scattered throughout all three Branches of our Government. From elected members of Congress in our Legislative Branch to selective activist judges in our Judicial Branch to unelected bureaucrats appointed and embedded within every Institution and three-letter Agency of our Executive Branch…
Without question, just like Biden himself, all self-serving, war-mongering, power-hungry pathological liars, charlatans, con-men, and tricksters, or in sum total, psychopaths whom Joe the “Big Guy” Biden Preemptively Pardoned on Monday, January 20th, 2025, at approximately 11:40 AM, quite literally on his way out the door, for not only, as I iterated above, their unindicted but, more suspiciously, for their “unidentified” crimes against the United State that they all ostensibly claim they did not commit…
Imagine that: receiving a Presidential Pardon for nonexistent imaginary crimes you didn’t commit. Yep, it’s a real thing now—makes total sense… NOT, but I digress.
Most notably, amongst the large pool of recipients who were bequeathed with a get-out-of-jail-free card from King Biden were or rather are some of the most insidious Deep State operatives and vile, malevolent, and deceitful career politicians, propagandists, and purveyors of misinformation ever to corrupt the corridors of Congress such as:
1)— Liz-zie “Borden” Cheney, a neocon and an avowed Trump-hater and RINO who cochaired Pelosi’s deviantly unorthodox partisan “Get-Trump,” “Unselect” J6 Select-Committee.
2)— Adam Schiffty Schitt Schiff, a prolific political leaker, liar, demagogue, and smarmy hack who played a key role in the Russia Collusion Hoax and Steele Dossier.
3)— Jamie the “Rat-Skin” Raskin, a Constitutionally illiterate Constitutional Lawyer or Liar, take your pick, and nihilist who is so consumed with hate for President Trump that he has all but forgotten that our Constitution was created to protect “We the People” from Government tyranny and tyrants, and not the other way around.
4)— Mark Milley, former chairman of the Joint Chiefs of Staff, an in-the-flesh veritable traitor to our Constitutional Republic and a liveried lackey to President Xi and the CCP who deserves nothing less than a Court Martial, not a Preemptive Pardon.
5)— Doctor Anthony Fauci, the former head of the NIAID and, for all infectious intents and mortality purposes, a State Sanctioned Serial killer.
And lest we forget, a handful of obsequious “Crisis Actors,” who, in their self-serving “Get-Trump” traitorous folly, were obviously looking to make a name for themselves, such as, for example:
6)— Michael Fanone and Harry Dunn, two Capitol Police Officers and part of the deranged anti-Trump quartet of celebrity cops who gained notoriety after they spun every selfie-taking second of the four-hour J6 riot/protest into a fantastical, tall tale of heroism as though they were four men trapped on the rooftop of a CIA Annex in Benghazi fighting off terrorists or something to that effect.
7)— Michael Byrd, another Capitol Police Officer who, with a significant disciplinary record, was promoted after he shot and murdered J6 protestor Ashli Babbitt.
And last but certainly not least:
8)— Pinocchio’s cousin, little Miss Myth Maker, Cassidy Hutchinson, who, like the aforementioned cast of “false, J6 witnesses,” for their respective roles and steadfast dedication and contributions to Joe Biden’s political persecution and malicious prosecutorial Lawfare Campaign against President Trump, all procured lucrative book deals, Congressional Awards, and Preemptive Pardons.
Indeed, Preemptive Pardons that, for manifestly obvious and objectively disgusting and shameful reasons, not only reek with the stench of political corruption that cheapen the Rule of Law, our ethical norms, and our Republic’s Founding Principles and Values but are also, as I mentioned above, an egregious abuse of our Constitution’s Article II Presidential Pardon Powers because our Constitution contemplated crimes “ACTUALLY COMMITTED,” not crimes for which a person has not been investigated for let alone even charged with. In Ex Parte Garland, 71 U.S. 333 (1866): “The president can issue a pardon at any point “AFTER” a crime is committed…” that “The President "CANNOT PARDON BY ANTICIPATION,” or he would be invested with the power to dispense with the laws…”
Clearly, our Founders did not anticipate a situation in which pardons would be vested on a “Preemptive Basis” for "unidentified” crimes that both the President and the recipients of said Pardons adamantly contend “NEVER” transpired… how could anyone foresee such a scenario?
It makes absolutely no sense… that is, unless, of course:
A)— Conspiracy Theories are so good these days that they now require Preemptive Pardons.
OR
Think about it: in a reasonably reputably ethical, law-abiding society, why would a United States President need to grant, much less entertain or amuse the notion of Preemptive Presidential Pardons, sweeping or otherwise, for his political allies and family members for “unidentified crimes” that he and they argue he and they supposedly did not commit?
And why would the intended or potential recipients of said Preemptive Presidential Pardons not only wholeheartedly welcome with open arms but also vigorously lobby for said pardons if, as they have protested with as much wholeheartedness and vigor, they “did not commit?”
There is quite literally no legitimate Authority, Law, Statute, Code, Constitutional Provision, Amendment, Article, Section, and/or Clause over or governing "unidentified offenses” in this Nation…
How could there be?
Therefore, unless we have all stepped “Through the Looking Glass” and into Lewis Carroll’s fantastical realm where up is down and down is up and logic takes a back seat, how could or can a President “legitimately” pardon someone for something they and the President “supposedly” claim they did not commit and are unaware of?
The answer is he can’t, at least not legitimately speaking, that is. It’s illogical, and it’s anathema to not only our System of Justice but to what our Founders intended when they established the Pardons Clause of the Constitution.
However, here is the reality, or, moreover, the unfortunate truth of it: While Biden’s Preemptive Pardons of his Political allies and family members for “unidentified offenses” are, without question, wholly unethical in that they bastardize the "Rule of Law" and stink to the high heavens of political corruption, we still cannot say one way or the other whether or not they are, in fact, “Unconstitutional.”
And why?
Because —(and apart from the Supreme Court’s ruling that “a President may not preemptively pardon a crime that has “not yet been committed…” which, technically speaking, is not quite the same as a crime that has “not yet been identified)— Preemptive Pardons have never been “challenged.”
The Pardon Provision of the Constitution is actually silent per se on the extent of a President’s Pardon Powers. It’s simply declarative in that our Constitution doesn’t say one way or the other; nothing is written in Article II or elsewhere in our Constitution, including, excluding, or precluding “Preemptive” Pardons.
As it stands, there are only three limitations on a President's Pardon Powers:
1)— A President cannot issue Pardons in cases of impeachment.
2)— A President can only grant pardons for Federal Crimes, i.e., offenses against “The United States,” and not State Crimes.
And
3)— A President can issue Criminal Contempt Pardons but not Civil Contempt Pardons, in that he cannot pardon “the wrongdoer from civil liability to the individual he has wronged.”
The case for the Constitutionality of Preemptive Pardons is based solely on the "absence" of any prohibition in the text of the relevant Pardon Provision.
In the almost 250-year storied history of our Nation, the only other blanket Preemptive Pardon ever granted was from President Gerald Ford to President Richard Nixon on September 8, 1974, for one man, not for President Ford's political allies and family members, but for one man, Richard Nixon, for any and all unidentified crimes… which obviously made or set a “Factual Precedent,” per se, in the history of Presidential Pardons. —(a Preemptive Pardon that, by the way, not only angered the Nation, but one that, unlike Biden’s Preemptive Pardons, did not and could not implicate the issuer, i.e., President Ford, in any criminal malfeasance, if it had not been granted.)— However, the question is not whether it was a factual precedent but, rather, whether it was a legitimate and/or legally “sound” pardon. Was it valid?
The answer: We do not know.
And why?
Because, again, the Constitutional validity of the Nixon Pardon was never tested; it was or has never been “challenged” to the United States Supreme Court.
Which makes you wonder: If wholesale Preemptive Presidential Pardons were henceforth doled out to political allies and family members like cotton candy and lollipops in “Party Favors,” might the Supreme Court, if challenged, set reasonable limits on a President’s Constitutional Pardon Powers?
The answer: they just very well might, given the oneway ticket with no off-ramps to and possibly through the gates of tyranny that Joe Biden’s unchecked Preemptive Pardons have led us to, particularly if they are allowed to continue unabated, becoming the new norm for every Administration hereinafter until eventually we lose our Republic to autocratic rule, or as George Mason argued, to a monarchy, and hence the destruction of our Republic.
That said, and no surprise, immediately following Biden’s blanket Preemptive Pardons —(and paralleling the very stark and precarious reality that our Republic, as indestructible as many believe or assume it is, the truth is, it is, in many respects, quite fragile, particularly when in the wrong hands, or as President Ronald Reagan put it, “Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day, we will spend our sunset years telling our children and our children's children what it was once like in the United States, where men were free.”)— Establishment career politicians and their left-wing lackeys in the media, as part of the “Biden Protection Program” and in furtherance of the Democrat's Marxist Agenda, began propagating the preposterous progressive narrative that by issuance of said Preemptive Pardons, Biden was, or at least in their delusional state of self-unawareness, saving Democracy from the “big bad orange man.”
You know, the man that they, the Democrat Party, in collusion and collaboration with Joe Biden, weaponized our Government against, that they not only persecuted, prosecuted, attempted to imprison, remove from the ballot, bankrupt, besmirch, malign, and ultimately MURDER with an assassin’s bullet… he, President Trump, the man who is and always has put America and the American people first and foremost, according to Democrat's is a threat to Democracy, not them, but him… seriously?
Ironically enough, by issuing the Preemptive Pardons, Biden has, in effect, done precisely what he and the Left are claiming he was deterring, i.e., the creation of a dangerous pardon or immunity precedent for future Presidents, their families, and their allies to evade culpability for and after they have, for personal and political gain, deliberately and criminally abused power.
The truth is, Biden’s Preemptive Pardons became "NECESSARY" because Lawfare became the "NORM" during his tenure, and that is Joe Biden’s lawless legacy; that is what history will remember…
Linda Genzel, Editor @Wecu News
Opinion.
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