I hope the Trump administration challenges Joe Biden's blanket pardons of various people wo took part in multiple Trump hoaxes and investigations.
Here is the text that grants the president the power to pardon:
Article II, Section 2, Clause 1:
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 Offences against the United States, except in Cases of Impeachment.
Vague, as usual. I few things I have read, but admittedly there are differing legal opinions:
The courts have ruled that acceptance of a pardon is an admission of guilt.
A pardon must be for a specific federal crime.
Blanket pardons are legal.
The courts have not been clear on this issue of pre-emptive pardons.
I don't think there is a clear legal precedent for the pardons Biden has issued. And, of course, there is the question of Biden's mental competence.
I think the DOJ under Trump needs to ignore Biden's pardons and force people like Schiff and Cheney to go to court to ask the court to enforce the pardons. Then the DOJ can file arguments why blanket pardons are not constitutional.
If acceptance is an admission of guilt, then each recipient must be required to declare the crime they admit they committed. A denial of guilt would be a rejection of the pardon which then allows the DOJ to charge them. This is my opinion.
Also, a pardon grants immunity from prosecution, but it does not prevent an investigation. Trump should still investigate Schiff and Cheney, among others, and force them to testify. A pardon removes their right to claim the 5th amendment protection against self incrimination. A blanket pardon means they would be forced to testify about everything and anything.
If nothing else, the DOJ can force these people to spend tens of thousands of dollars on legal fees.
But in the end, these blanket pre-emptive pardons may not even be constitutional. It would be good for the country to get a definitive ruling on it. Can a president hire a bunch of thugs to commit serious crimes, like murder, and promise them a blanket pardon?