Biden Pardons Hunter
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Re: Biden Pardons Hunter
I am not entirely sure why the presidential pardon exists in the first place. Seems like it should be done away with.
Re: Biden Pardons Hunter
I think the reasoning is the 5th Amendment provides protection against incriminating yourself which you can't do if you're immune from further prosecution.Walla Walla Dawg II wrote: ↑Tue Dec 03, 2024 8:24 pmI'd like to hear about the case-law that explains how he can lose a right because of a pardon.maoling wrote: ↑Tue Dec 03, 2024 6:38 pmWalla Walla Dawg II wrote: ↑Mon Dec 02, 2024 9:01 pmNobody, and I mean nobody is surprised by this.
The only thing I am wondering about is; did Biden know he was granting a pardon to his son?
It's reported that this pardon could have backfire on Biden. With a full pardon, Hunter loses 5th Amendment protection regarding self-incrimination. Thus, he would be compelled to testify without that protection in any investigation into the dirty deeds regarding his family -- as well as himself. And if he refuses, he can be jailed for contempt.
Which would make me happy, especially if someone makes him his prison bitch.
I took that statement, when I heard it, as spin.
In my opinion Hunter will just "forget" anything incriminating against anyone else. Would just be chasing their tails trying to get testimony from him, we've seen how these libs work.
Here's a Grok explanation on it though:
If someone receives a blanket pardon, their Fifth Amendment protection against self-incrimination can be significantly affected or removed concerning the crimes for which they were pardoned. Here's how this works:
Removal of Criminal Liability: A pardon essentially forgives the crime, removing the possibility of criminal prosecution for those specific acts. Since the Fifth Amendment privilege against self-incrimination is designed to protect against compulsory self-incrimination in criminal proceedings, if there's no longer a risk of criminal prosecution due to a pardon, the basis for invoking the Fifth Amendment regarding those pardoned crimes is eliminated.
Compelled Testimony: Once a person is pardoned for certain actions, they can be compelled to testify about those actions without invoking the Fifth Amendment because the testimony can no longer lead to criminal liability for the acts covered by the pardon. This principle was established in cases like Burdick v. United States (1915), where the Supreme Court ruled that a pardon removes the basis for asserting the Fifth Amendment if the pardon covers the subject matter of the testimony.
Limitations: However, this does not mean they cannot invoke the Fifth Amendment for other unpardoned crimes or actions. If there are other potential crimes not covered by the pardon that could be incriminated by their testimony, they might still have grounds to invoke the Fifth for those matters.
State vs. Federal: Also, it's worth noting that a federal pardon does not protect against state-level prosecution for the same actions if state laws were also violated. Thus, if there's a possibility of state charges, the Fifth Amendment might still be invoked for testimony that could lead to state prosecution.
Public Opinion and Posts on X: There's some discussion online about this point. Posts on X reflect an understanding that a blanket pardon would remove the Fifth Amendment protection for the specific crimes pardoned, suggesting that those pardoned could indeed be compelled to testify without that protection. However, these posts should be treated as indicative of public sentiment rather than legal authority.
In summary, for the crimes specifically covered by a blanket pardon, an individual would generally not be able to invoke the Fifth Amendment to avoid testifying, as there would be no risk of self-incrimination for those acts. However, they could still invoke the Fifth for any other potential criminal liability not covered by the pardon.
- Walla Walla Dawg II
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Re: Biden Pardons Hunter
Thanks bpj. That is informative.
It seems, that once again, the Biden administration doesn't know what they are doing. Seriously, how much further is this going to go. I know, since government has gotten so corrupt, we need to set some examples.... but this just seems to be spoon-feeding the issues.
Burn them all!!
It seems, that once again, the Biden administration doesn't know what they are doing. Seriously, how much further is this going to go. I know, since government has gotten so corrupt, we need to set some examples.... but this just seems to be spoon-feeding the issues.
Burn them all!!
Re: Biden Pardons Hunter
This is horrible for the Dems and their hypocritical "Nobody is above the Law" Pearl clutching BS.
dt
- Coeurd’Alene J
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- Walla Walla Dawg II
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Re: Biden Pardons Hunter
And thus bring down both the house and senate in 2021 & 2022 for giving him his way on everything. During this time, I believe it was 100% party line voting..... so this is what the Democrats did to our country.
Re: Biden Pardons Hunter
Pretty much admitting we were all right about them all along.Coeurd’Alene J wrote: ↑Wed Dec 04, 2024 10:19 pmWe shouldn’t be surprised when jackass Joe pardons his brother, himself, fauci and Nancy. I would put money on at least 2 of these
They'll need the pardons. Even those shouldn't save them from the public.
Re: Biden Pardons Hunter
Sounds like he's considering pardoning everyone involved in all of the debauchery they've pulled over the last 10 years.
https://www.cbsnews.com/news/biden-cons ... -of-trump/
https://www.cbsnews.com/news/biden-cons ... -of-trump/