Joe Biden's final pardons
President Donald Trump has asserted Joe Biden's final pardons should be overturned.[1] Trump claimed Biden did not actually sign the pardon's himself. He claimed that Biden's staff used an auto-pen to sign the pardons.
What is a Presidential pardon?
[edit | edit source]US Presidents have the pardon power over all Federal crimes, but have no pardon power over State crimes.[2] State Gpvernors have the authority to pardon State crimes.
They can make anticipatory pardons to individuals, who have not yet been convicted, or even of individuals who have not yet been charged.
Accepting a pardon implies the individual accepts they are guilty.[3] Rarely, individuals have turned down a pardon[2] Reasons include a belief they are innocent, or that they could no longer call upon the fifth amendment if they were called upon to testify against an individual who had not been pardoned.
References
[edit | edit source]- ↑ Solcyré Burga (2025-03-17). "Can Trump Void Biden's Presidential Pardons?". Time magazine. Retrieved 2025-03-19.
- ↑ 2.0 2.1 Cyrus Moulton (2025-01-28). "Why would anyone refuse a presidential pardon? Northeastern law experts explain". Northeastern Global News. Retrieved 2025-03-19.
- ↑
Kyle Cheney (2024-12-11). "Justice Department: Jan. 6 defendants who accept pardons will make 'a confession of guilt'". Politico. Archived from the original on 2024-12-12. Retrieved 2025-03-19.
'[A] pardon at some unspecified date in the future ... would not unring the bell of conviction,' federal prosecutors argued in a Jan. 6 case before U.S. District Judge Carl Nichols. 'In fact, quite the opposite. The defendant would first have to accept the pardon, which necessitates a confession of guilt.'