There are also issues with whether pre-emptive pardons are valid at all. The pardon power was designed for the President to be able to issue a pardon to someone who was validly convicted through the judicial process, but that the specific details of the case did not warrant the punishment the law imposed. A pre-emptive pardon makes a mockery of that. There is no conviction that is being pardoned, no sentence commuted, Biden's pre-emptive pardons don't even specify the supposed crime that was committed, it's just a blanket pardon. This power has not been tested legally.... yet.
There are also issues with whether pre-emptive pardons are valid at all. The pardon power was designed for the President to be able to issue a pardon to someone who was validly convicted through the judicial process, but that the specific details of the case did not warrant the punishment the law imposed. A pre-emptive pardon makes a mockery of that. There is no conviction that is being pardoned, no sentence commuted, Biden's pre-emptive pardons don't even specify the supposed crime that was committed, it's just a blanket pardon. This power has not been tested legally.... yet.
Good point!
But never talk about another argument until you are done talking about the first.
Good point!
But never talk about another argument until you are done talking about the first.
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