It was highly predictable that he would do this at the last minute.
But I think the announcements are notable for what they do NOT achieve:
- He did not pardon himself, nor did he pardon Alejandro Mayorkas, Merrick Garland, Debra Birx, Francis Collins, Lloyd Austin, Xavier Becerra, Alex Azar nor any of the key people within the DOJ, FBI, NSC, FDA, CDC or DOD since 2020;
- My understanding is that Biden’s pardons only shield from federal criminal charges. It seems therefore possible to pursue civil litigation against those pardoned to hold them accountable. Other advantages of civil litigation are that a unanimous jury may not be required, and that the standard of proof (preponderance of the evidence) is lower than in criminal matters.
- His pardons do not rule out or prevent criminal prosecutions at the state level.
I hope Trump’s people will pursue accountability; but I don’t know if that will happen because he and JD Vance have made noises to the contrary.
Biden is despicable. In addition to the rest of his pardons and commutations, he commuted the life sentence of Leonard Peltier. Peltier was a Native American activist and member of the American Indian Movement who was convicted of two counts of first degree murder in the deaths of two FBI agents in a June 26, 1975, shooting on the Pine Ridge Indian Reservation in South Dakota. He was sentenced to two consecutive terms of life.
I think he also commuted the sentence of a cop-killer in Virginia. Governor Youngkin raised a big stink about that.
There are probably loads of other examples.
Innocent people don’t need pre-emptive pardons.
Good point, Jaycee. But it is obvious they sought these pardons.
These dubious characters know that the process is part of the punishment. Defending oneself in court costs loads of money. A pardon removes that risk.