Season 4, Episode 50 (Show 207): Unpardonable

December 18, 2024

President Biden pardoned his son Hunter.  President-elect Trump says he will pardon January 6 rioters and insurrectionists.  What does it mean?

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In the wake of President Biden’s pardon of his son, and with the shadow of President-elect Trump’s possible pardons of the insurrectionists who stormed the Capitol and attempted to prevent Congress from certifying Biden’s election, are there constitutional issues?  The Constitution itself seems direct on the subject, but it turns out there is a lot to discuss.  Scope, timing, subject, language, all are questionable.  Would either or both of these be impeachable acts?  What would happen to the pardon in that case?  Are there immunity issues?  Where does the pardon power come from, and how has it been used in the past?  What is the originalism of pardon law?  Lots to talk about, however you feel about the acts themselves politically.  And – some big coming attractions!

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Show Notes:

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