Wednesday, January 22, 2025

A second thought on those pardons

OK, we saw that 1915 decision that acceptance of a pardon was considered an admission of guilt. That is not the end of it.

Consider this.

Section 2.

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 offenses against the United States, except in cases of impeachment.

So, a pre-emptive pardon would appear to be unconstitutional. And it may show the wishful thinking (not to mention ignorance and intellectual laziness) of a lot of law profs that, simply because a President issues such a pardon, it is valid.

T'ain't.

If somebody wants to fight the issue the Thomas Court may have a BIGLY surprise for them.

* When he was appointed Chairman of the JCS, Mark Milley said he was ready to work with Donald Trump. The CJCS doesn't have autonomous power. He is subordinate to the President, according to the Constitution. Thus, his statement was an act of insubordination. And the current Chair, appointed by Idiot, may well be looking for another job in the near future.

You heard it here first.

Toldja the next 4 years were going to be fun.

No comments: