George Washington University law professor Jonathan Turley explained why those who outgoing President Joe Biden may issue preemptive pardons to could still face criminal prosecution.
When Biden pardoned his son Hunter Biden earlier this month for both the federal gun and tax crimes he had been convicted of, the president also included any other federal crimes he may have committed from Jan 1, 2014 to Dec. 1, 2024.
The Associated Press reported that Biden is weighing the novel move of issuing such sweeping preemptive pardons to large numbers of people who served in his administration or were allies, like former COVID czar Anthony Fauci and former GOP Rep. Liz Cheney.
In other words, anyone receiving these pardons could not be brought up on federal charges based on any wrongful conduct they may have done during the time period or subject matter in question.
“That’s not going to be good for the country,” Turley told Fox News host Mark Levin in an interview that aired on Sunday.
“We have a legal system that protects the rights of those accused. If there is a basis for criminal charges, most of the public would like to see those charges pursued,” he added.
There have only been a few rare instances when preemptive pardons were issued, the most prominent being when then-President Gerald Ford pardoned impeached former President Richard Nixon for any criminal offense he may have committed concerning the Watergate scandal, according to the AP.
Turley contended a real reason for Biden’s preemptive pardons would be to build on the left’s narrative that President-elect Donald Trump is a threat to democracy who would seek retribution on those who sought to harm or imprison him.
Mark Levin and Jonathan Turley.
BOOM!!!
You can’t just hand out preemptive pardons like lollipops.
What are the limits to this?Jonathan Turley says “at the end of the day, if you give false statements to a federal investigator or Congress, you can be subject to a new criminal… pic.twitter.com/aPIoRBylqk
— SweetPeaBelle (@SweetPeaBell326) December 9, 2024
Will Biden issue preemptive pardons?
“The point is to pardon as many people as possible, so you can say, ‘You know we were right all along. Fortunately, Biden prevented him from a campaign of vengeance,’” Turley contended.
Levin, who served as chief of staff to Attorney General Edwin Meese during the Reagan administration, pointed out that even if these people are pardoned they are still subject to being called before Congress to testify under oath.
“That’s right, so this doesn’t give the protection that many of these people might assume,” Turley agreed. “If they get pulled in front of Congress, they may have trouble actually invoking the Fifth [Amendment] because they are not at risk.”
Witnesses plead the Fifth in order to not incriminate themselves for crimes they may have committed.
“But at the end of the day if you give false statements to either a federal investigator or to Congress, you could be subject to a new criminal charge outside the scope of any prior pardon,” Turley noted.
Levin said of Biden’s reported pardon plans, “Let me throw it out there, if Biden performs some kind of systemic so-called preemptive pardons — not with the kind of exceptional cases like [George] Washington or Ford, which wasn’t systemic, or Jimmy Carter — he needs to be impeached.”
“We’re talking about the Constitution of the United States now. This would create a precedent of a kind that we’ve never seen in American history by any party or any president before.”
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