In what I can only assume was a cynical ploy to avoid media attention, the outgoing administration issued a boatload of pardons in the last hours of Joe Biden’s Presidency.
In the first round of pardons, announced fairly early this morning were Anthony Fauci, Mark Milley – more about this one in a bit -, the J-6 committee and staff and any of the local DC/capitol cops that testified to the committee.
Liz Cheney and Adam Kinzinger both received pardons as part of the Committee. While I am not sure about what crimes Kinzinger may have committed, Cheney has – prima facie – committed witness tampering with regards to Cassidy Hutchens.
The Milley pardon is interesting to me for a couple of reasons. Firstly because there has never been a Presidential pardon of a General or Admiral in the history of the US. There was a general amnesty issued by Andrew Johnson at the end of the Civil War, but that was not a pardon. The second issue I have is that Milley can be recalled and tried under the UCMJ. As most of you know, the UCMJ exists outside of the regular justice system. That fact makes me question the legitimacy of Milley’s pardon.
Among those pardoned in the second drop were members of his family. Specifically those long suspected of being part of the Biden Crime family bribery and pay-for-play schemes. This drop happened just as the Trump Inaugural ceremonies were beginning. The timing of this drop, even more than the early morning announcement of the other pardons raises questions for me.
Remember when Biden was going to restore norms and all that? Me too, good times. Instead, he smashed all the norms with this pardon-palooza. (Maybe I should start a music festival and call it pardon-palooza, bring in all conservative musicians and stuff.) He also destroyed any semblance of the whole “Joe is a decent guy” narrative. He has now exposed his petty, angry, bitter self for those who have eyes to see.
Unlike a lot of people I’ve seen comment about this topic today, and frankly since Hunter got his pardon, I do not doubt the legality of these pardons. The Constitution is pretty clear on the subject. Article II section 2 clause 1 says:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
That seems pretty clear-cut to me. There are no restrictions, no limitations. He SHALL have the power. . .
Do I like it? No. I think it sets a very bad precedent. Pardons should never be wielded like this. But, sauce for the goose and all. The stage is set for this from now on. Expect a lot of J-6 convicts to get pardoned in the coming weeks.