Are Preemptive Pardons Constitutional? Deep Dive! (Ep. #00107)

Are Preemptive Pardons Constitutional?

In the waning hours of his presidency, Joe Biden issued so-called preemptive pardons to members of the January 6 Committee (including former Representative Liz Cheney), General Mark Milley, Dr. Anthony Fauci, and so many others. This week we take a deep dive into the issue of presidential preemptive pardons.

Unlike traditional forms of clemency, preemptive pardons are given “before someone has actually been convicted—or even before they’ve been charged or investigated.” That’s what Biden did last week.

The presidential pardon power is outlined in Article II, Section 2, Clause 1 of the U.S. Constitution. We’ll go over some recent history and dig a little deeper into caselaw precedents.

And, at the end of the day, if it is constitutional, is it good public policy?

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