Legal Experts Criticize Biden’s Preemptive Pardons, Arguing They Offer Incomplete Protection and May Compel Recipients to Incriminate Themselves

THE GATEWAY PUNDIT | Published January 22, 2025

Joe Biden’s issuance of preemptive pardons to family members and political allies has been criticized by legal experts who argue that such actions may not offer comprehensive legal protection.

On Monday, just hours before leaving office, Joe Biden granted preemptive pardons to individuals including Dr. Anthony Fauci, retired General Mark Milley, and members of the House January 6 Committee, such as former Representatives Liz Cheney and Adam Kinzinger.

Additionally, he pardoned five family members: his brothers James and Francis Biden, his sister Valerie Biden Owens, and their spouses.

Renowned attorney Jesse R. Binnall of the Binnall Law Group broke down the implications of these preemptive pardons on social media platform X, calling the situation “great news” for those seeking accountability.

Binnall highlighted a critical legal consequence: individuals who received pardons cannot invoke the Fifth Amendment to avoid testifying in civil, criminal, or congressional proceedings about the pardoned conduct.

“The pardons are actually great news,” Binnall wrote. “No one who was just pardoned will be able to refuse to testify in a civil, criminal, or congressional proceeding based upon the 5th Amendment.”

“And let’s just be realistic. Most of these disgusting individuals would probably have to be charged in Washington, DC, which doesn’t convict partisan leftists.”

 

Attorney and legal analyst Phil Halloway echoed Binnall’s assessment, pointing out that the pardons have their limits.

“For anyone who may have violated any state laws (I’m looking at Fauci) they can still take the 5th since the pardon doesn’t cover state law violations,” Holloway wrote.

 

Lawyer Ron Coleman, a Counsel at the Dhillon Law Group, joined the discussion, adding, “Same thought. Nailed it, Jesse. There’s a lot of fun still ahead.”

 

Binnall fielded several questions regarding the implications of these pardons, emphasizing that individuals who have received them can no longer invoke the 5th Amendment to avoid testifying about their federally pardoned conduct.

When asked whether there was any precedent for such a scenario, Binnall responded:

“A requirement of asserting the 5th Amendment is that one has to reasonably believe that the information sought could be used in a criminal prosecution. While I’m not aware of any specific cases where a pardoned individual has attempted to assert the 5th Amendment on such circumstances, it’s difficult to see any legal basis for an assertion in regards to pardoned conduct.”

 

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SOURCE: www.thegatewaypundit.com

RELATED: ‘Where Does This End?’: Dick Durbin Says Biden Was Wrong For Issuing Preemptive Pardons

THE DAILY CAĹLER | Published January 22, 2025

Democratic Illinois Sen. Dick Durbin said Tuesday on CNN that former President Joe Biden was wrong to issue last-minute preemptive pardons just before his term ended.

Minutes before President Donald Trump was sworn into office on Monday, the White House announced that Biden had granted preemptive pardons to his family members, members of the Jan. 6 Select Committee, and others. On “The Situation Room with Wolf Blitzer,” Blitzer asked Durbin if he believed it was the “wrong” move, to which the lawmaker said the pardons need to “come to an end.”

“I think so, to be honest with you. I like Joe Biden, and I think he was a good president,” Durbin said. “But as I said in that earlier interview, where does this end? You have to provide some sort of basic commutation or pardon for everyone who is involved in government now on a regular basis. I think this ought to come to an end.”

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“I raised that question with Mr. [Kash] Patel,” Durbin added. “Are you going to go out and file these lawsuits against individuals in retribution for political grievances? He said he wouldn’t do it. Well, let’s hold him to it, if that’s his situation.

On his last day as president, Biden issued preemptive pardons for Dr. Anthony Fauci, former Chairman of the Joint Chiefs of Staff Mark Milley, nine members of the Jan. 6 Select Committee, and five of his family members. In justifying the pardons for Fauci, Milley, and the Jan. 6 Select Committee members, Biden said the decision was made because the group did not deserve to be “targets of unjustified and politically motivated prosecutions.”

As for his family members — brother Frank, brother James, James’ wife Sara Biden, sister Valerie Owens, and her husband John Owens — Biden said that “baseless and politically motivated investigations” were “wreak[ing] havoc on the lives, safety, and financial security of targeted individuals and their families,” thus prompting him to grant the pardons.

Since the announcement, Biden has faced significant pushback from both sides of the aisle, with political analysts saying the move tarnished his final day in office. A CBS News poll released Sunday said Biden left office with a 37% approval rating, while 63% disapproved of his job.

 

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SOURCE: www.dailycalĺer.com

 

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