Biden just preemptively pardoned his entire family - Kotaku In Action 2

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Biden just preemptively pardoned his entire family (media.scored.co)

posted 4 months ago by Ahaus667 4 months ago by Ahaus667 +125 / -0

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– ernsithe 5 points 4 months ago +5 / -0

Burdick v. United States (1915):

There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it, while the former is noncommittal, and tantamount to silence of the witness.

But it was dicta so still debatable if precedent.

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– FrozeInFear 5 points 4 months ago +5 / -0

That has been countered in 2021: https://xcancel.com/JayOrsi/status/1881358908109000948

In 2021 the 10th Circuit Court of Appeals set new precedent and ruled President Trump’s pardon of Clint Lorance did not imply guilt. That ruling has been cited as precedent in a 5th Circuit ruling.

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– ernsithe 2 points 4 months ago +2 / -0

Ah. Thanks.

They could still try to argue it again and go all the way to SCOTUS though, right? Not to say it wouldn't be a waste of time.

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– FrozeInFear 4 points 4 months ago +4 / -0

Correct. There's still the issue of what preemptive pardoning should truly entail. So you could feasibly just start investigating them (probable cause or whatever?) because, by making the pardons, Biden has arguably identified things for which to pardon them.

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