Pardons were flying all over Washington on Monday like a flock of birds, or airplanes during peak hours at Reagan airport.
Joe Biden was first, issuing "pre-emptive" pardons to five members of his family, including his brother. Republicans have accused the Biden family of ill-gotten gains by "selling" the Biden brand and making millions, which they funneled through 20 LLCs with no apparent goods or services provided in exchange. Biden also issued pre-emptive pardons to former Joint Chiefs of Staff Chairman Mark Milley, Dr. Anthony Fauci and members of the House Jan. 6 committee and their staff.
I have not been able to find a justification in law for pre-emptive pardons. Are they like "pre-boarding" airplanes, which is impossible? Biden also commuted to life in prison the sentence of a man who murdered an FBI agent. Biden had previously pardoned his son Hunter after repeatedly saying he wouldn't. Remember Hunter's line about "10 percent for the big guy," which many took to be a commission for his father over questionable business deals?
A pre-emptive pardon is about protecting people who might be charged with a crime or crimes, ensuring their silence. It might be compared to a nondisclosure agreement, or even hush money.
Republicans should continue their investigation of what they suspect has been corruption in the Biden family and issue a report, much as former special counsel Jack Smith did with President Donald Trump and Smith's allegation that Trump incited what he called an "insurrection" on Jan. 6, 2021.
Within minutes of taking office, Trump issued pardons for 1,500 of the Jan. 6 protesters who invaded the Capitol, destroyed property, and threatened the lives of then-Vice President Mike Pence and then-Speaker Nancy Pelosi.
In a 1915 case (Burdick vs. U.S.), the Supreme Court held that the "confession of guilt (is) implied in the acceptance of a pardon" and may be avoided only by rejecting it. After issuing a pardon to former President Richard Nixon, the Gerald Ford White House said that Nixon's acceptance of it was an admission of guilt in the Watergate affair.
In Christian theology (which Biden and Trump claim to believe in) pardons assume an admission of guilt, or confession (as a Catholic, Biden knows something about confession). They offer to the accused or convicted an escape from judgment only after confession and repentance have occurred. For those not theologically inclined, repentance means turning away from and not repeating guilty behavior. Pardons should not be viewed as "get out of jail free" cards.
To ignore the confession and repentance order cheapens pardons and gives the impression that you can get away with anything in Washington if you have the right connections. Unfortunately, it appears too many have that view.
Since the pardon power granted to a president is absolute in the Constitution, perhaps Congress might consider a constitutional amendment that controls the breadth of the pardon. How about limiting the number of pardons a president can grant, like timeouts in a football game?
It might also include a prohibition on pardons to family members and campaign donors with certain very limited exceptions. It's worth a discussion. The latest flood of pardons can only deepen the cynicism so many have about Washington.
Join the conversation as a VIP Member