Quote:
If trump/Republicans were to investigate matters, wouldn't these people be compelled to speak?
Answer in this thread:
https://texags.com/forums/16/topics/3523492
I'm Gipper
Quote:
If trump/Republicans were to investigate matters, wouldn't these people be compelled to speak?
Who?mikejones! said:
If trump/Republicans were to investigate matters, wouldn't these people be compelled to speak?
That's the thing - the Court has already ruled multiple times on pardons. I suppose it's possible that the current Court might come to a different decision, but I don't think they'd want to touch it.Ag In Ok said:
This should be challenged all the way to the Supreme Court. 8,000+ get out of jail + stay out of jail free cards isn't American.
I still do not understand. One of the points of a trial is proof, in the eyes of the law, guilt or innocence. I consider this a significant point. It shows the citizens of this country whether a crime was committed and who was responsible.HTownAg98 said:If they can't be punished, there's no point of holding a trial. It's as if the charge goes away in the eyes of the court. Look at the Michael Flynn case. He was pardoned before he went to trial after he reversed his guilty plea, and the case was dismissed.richardag said:I guess I will forever not understand.HTownAg98 said:On the grounds that they have been pardoned by the President. You present the pardon to the court, and the judge dismisses the case.richardag said:Motion to dismiss on what grounds?Im Gipper said:Yes. The defendant would file immediate motion to Dismiss. There would be no trial.Quote:
Do these pardons eliminate the potential to try these people even though they are pardoned?
Congress MUST get these people to testify!
Thanks in advance for an explanation.
- A trial is to determine guilt or innocence of breaking the law.
- A pardon is given to exempt people from punishment.
IANAL so forgive my failure to connect those two distinctly different actions listed above. I am sure someone will redefine what a pardon is.
In the history of our nation have subsequent Supreme Courts reinterpreted previous Supreme Court rulings?Claude! said:
Distasteful, but probably legal. The President's pardon power is pretty pervasive (I was going to say far-reaching, but I like alliteration). The Constitution puts two limits on it - the offense must be against the United States (i.e., the President can't pardon a state crime) and the President cannot pardon impeachments (which is not an issue here).
In Ex Parte Garland (1866), the Supreme Court stated that pardons can be granted prior to charges being brought (or by extension even known) and, subject to the above constitutional limits, the pardon power is plenary and not really subject to legislative or judicial review. Given that there's no constitutional requirement for specificity on the pardon, it likely can be a get out of jail free card.
I never said a pardon should be rescinded.bobbranco said:
The pardon is the hall pass of all hall passes to freedom from crimes and will never be rescinded.
WTH are you talking about? Flynn wasn't pardoned before he went to trial after Sidney reversed his guilty plea. Bill Barr moved to dismiss the charges because they were BS. It was the judge who became the A-hole who refused to dismiss the case, after being told TWICE by the DC Circuit Court of Appeals to dismiss the case.Quote:
If they can't be punished, there's no point of holding a trial. It's as if the charge goes away in the eyes of the court. Look at the Michael Flynn case. He was pardoned before he went to trial after he reversed his guilty plea, and the case was dismissed.
Of course, but I think there are a couple of problems with that here:richardag said:In the history of our nation have subsequent Supreme Courts reinterpreted previous Supreme Court rulings?Claude! said:
Distasteful, but probably legal. The President's pardon power is pretty pervasive (I was going to say far-reaching, but I like alliteration). The Constitution puts two limits on it - the offense must be against the United States (i.e., the President can't pardon a state crime) and the President cannot pardon impeachments (which is not an issue here).
In Ex Parte Garland (1866), the Supreme Court stated that pardons can be granted prior to charges being brought (or by extension even known) and, subject to the above constitutional limits, the pardon power is plenary and not really subject to legislative or judicial review. Given that there's no constitutional requirement for specificity on the pardon, it likely can be a get out of jail free card.
Thanks for the reply.bobbranco said:
I understand. Not my intention to put words in your mouth. Only stating that pardons will not be rescinded.
Thanks for the response.Claude! said:Of course, but I think there are a couple of problems with that here:richardag said:In the history of our nation have subsequent Supreme Courts reinterpreted previous Supreme Court rulings?Claude! said:
Distasteful, but probably legal. The President's pardon power is pretty pervasive (I was going to say far-reaching, but I like alliteration). The Constitution puts two limits on it - the offense must be against the United States (i.e., the President can't pardon a state crime) and the President cannot pardon impeachments (which is not an issue here).
In Ex Parte Garland (1866), the Supreme Court stated that pardons can be granted prior to charges being brought (or by extension even known) and, subject to the above constitutional limits, the pardon power is plenary and not really subject to legislative or judicial review. Given that there's no constitutional requirement for specificity on the pardon, it likely can be a get out of jail free card.
1. I have problems finding four Justices that would even vote to take the case.
2. If they take the case, I don't see five Justices voting to support whatever rationale that the Trump administration might put forward. None of the liberal three for certain, and Chief Justice Roberts is so afraid of appearing political that he'd almost certainly not vote in favor. I'd honestly even be surprised if Justice Thomas would look favorably on the question, given the strong history of the plenary nature of the pardon power going back to before the Constitution.
Add to that, I don't even think it's in President Trump's best interests to pursue the matter. As it stands now, the Democrats are tarred with the stench of corruption from (thankfully former) President Biden's decision. President Trump can hold the moral high ground without expending the political capital required to try to limit the pardon power (an attempt that I don't think is likely to succeed) and the subsequent political capital he'd need to spend trying to go after the various people that former President Biden pardoned, who would then be able play the victim card and who in many cases probably wouldn't receive their just desserts anyway.
Plus, if President Trump is looking to limit the Presidential pardon power, he'd necessarily be limiting his own power, and who knows how he might decide to exercise it.
GM. pic.twitter.com/CwQ9dICx2E
— Who Touched The Thermostat (@TheWT3Show) January 20, 2025
the real reason Biden pardoned Mark Milley pic.twitter.com/ubOOmIHIN8
— Mike Benz (@MikeBenzCyber) January 20, 2025
Quote:
President Biden's pardon of Dr. Anthony Fauci may protect the former National Institutes of Health official from immediate criminal prosecution, but some critics say he is not completely out of legal jeopardy and that public sentiment might still condemn the man who became known during the COVID-19 pandemic as "Mr. Science."
In the days before Biden offered the pardon to Fauci, along with other critics of Donald Trump, some experts who have followed Fauci's career and handling of the pandemic, as well as members of the Trump transition team, reiterated their assertion that Fauci perjured himself on several occasions during the pandemic especially regarding his agency's links to the lab in Wuhan, China, that might have created the virus that causes COVID-19.
The pardon addresses any COVID-related offenses, and is backdated to 2014the year a U.S. ban on so-called "gain of function" virus research took effect -- research Fauci is accused of outsourcing to China.
LINKQuote:
But former Senate investigator Jason Foster, who now runs the whistleblower nonprofit Empower Oversight, says that Biden's pardon creates new legal jeopardy for Fauci. Sen. Rand Paul has vowed to continue investigating the COVID origins question, and sources tell RealClearInvestigations that Sen. Ron Johnson and House Republican investigators plan to do so as well. When testifying in those inquiries or answering written depositions, Fauci will be unable to dodge questions by invoking his Fifth Amendment protections against self-incrimination. "They can ask him if he lied before, replough old ground," Foster said. "And if he lies about any prior lie, he can be prosecuted for that or held in contempt."
Can they plead the 5th still since they are now pardoned ?? They could be dragged up to Capitol Hill and made to talk if they cant plead the 5th. Getting the scummy Marxist networks to cover it would be a whole other problem !!!titan said:
Mark Levin pointed out another weakness in the pardons and clearly intended cover-up. If the bad actors destroy so much as one document later than noon of yesterday past, they are not covered by the pardons. Any attempts to destroy evidence, smash drives, delete --- going forward can re-activate grounds to charge.
Can't plead the pardon in a 5th way for a NEW crime post-dating Trump's inauguration hour. That's what Levin is saying -- -types like this were destroying evidence and setting up traps well after Trump's Jan 2017 inauguration.EX TEXASEX said:Can they plead the 5th still since they are now pardoned ?? They could be dragged up to Capitol Hill and made to talk if they cant plead the 5th. Getting the scummy Marxist networks to cover it would be a whole other problem !!!titan said:
Mark Levin pointed out another weakness in the pardons and clearly intended cover-up. If the bad actors destroy so much as one document later than noon of yesterday past, they are not covered by the pardons. Any attempts to destroy evidence, smash drives, delete --- going forward can re-activate grounds to charge.
— Rothmus 🏴 (@Rothmus) January 26, 2025
🫡 Even if you cannot get the J6 committee pardons overturned, bringing them to the light will mean a lot.
— DataRepublican (small r) (@DataRepublican) May 19, 2025
It’s always been striking that the only pardon Biden personally signed (or was made to sign himself) was the Hunter pardon. In other words, they knew very well that there were potential legal issues with the auto-pen and wanted to make sure the Hunter pardon was airtight. https://t.co/5xJKK2YDsZ pic.twitter.com/zgoj9KUkAJ
— Hans Mahncke (@HansMahncke) May 19, 2025
"...When I came into work on Friday morning, I said to a colleague, I really think that Mel Gibson might be my downfall."
— TheSourceCNN (@TheSourceCNN) March 12, 2025
Former U.S. Pardon Attorney Liz Oyer speaks to @kaitlancollins after being fired last week. pic.twitter.com/8O8kPhL3I4