President Joe Biden’s senior aides are reportedly having vigorous internal discussions on whether to preemptively pardon a number of current and former officials who could face the wrath of President-elect Donald Trump.
President Joe Biden’s senior aides are reportedly having vigorous internal discussions on whether to preemptively pardon a number of current and former officials who could face the wrath of President-elect Donald Trump.
Preemptive pardons aren’t enforceable. A pardon says “you are guilt of a crime, but we aren’t going to make you suffer any penalty for it.” This can only legally occur after you have been before court of law and plead guilty or were convicted by a jury. Double jeopardy means you can’t be retried for the same crime of which you were convicted and subsequently pardoned.
A preemptive pardon says “you may be found guilty of something but we aren’t going to punish you for it if you are later found guilty.” The out going president can’t control what the incoming president does. So, it’s like changing the drapes for Trump to say that all the preemptive pardons aren’t enforceable null. There is no legal doctrine to protect these people if he goes after them.
It’s legal and enforceable. It was explicitly allowed by the Supreme Court in 1866.
I wouldn’t consider the Supreme Court legitimate, let alone expect consistency, or non partisan rulings from them
Making them violate the law themselves is still better than just assuming they will and not bothering