Re: Why Biden's Last Second Pardons Were SHAMEFUL.

Rhino <no_offline_contact@example.com> wrote:

Ubi the shithead's crosspost to groups he doesn't read cut

I would be very curious to see what would happen if someone contested a
preemptive pardon in the courts. Let's say someone wanted to have Fauci
charged with something he did during the period covered by the pardon.
His lawyers would obviously cite the pardon but what if the prosecutor
didn't think a preemptive pardon was a power held by the president and
proceeded with the trial. Presumably any guilty verdict would be
challenged on appeal but then the appeal could be challenged as well. I
can't help but wonder what the Supreme Court would rule about the
presidential pardon power if the case made it to them.

Or have preemptive pardons already been tested in court and found to be
a valid expression of a president's powers?

A preemptive pardon seems like a presumption of the guilt of the
recipient by the president which would seem to go against the entire
presumption of innocence at the heart of the legal system.

My guess is that federal courts, up to the Supreme Court, would refuse
to interpret any limitations of the pardon power, or rely upon Congress
to limit its use in law. This is a joke as the president would veto such
a law.

Federal courts typically defer when things get too political.