- Bennie Thompson (D-MS) – Chair of the Committee
- Liz Cheney (R-WY) – Vice Chair of the Committee
- Zoe Lofgren (D-CA)
- Adam Schiff (D-CA)
- Pete Aguilar (D-CA)
- Stephanie Murphy (D-FL)
- Jamie Raskin (D-MD)
- Elaine Luria (D-VA)
- Adam Kinzinger (R-IL)
These lawmakers, although not named explicitly, were covered by the pardons as members of the select committee. But there are broader implications: did these pardons extend to staffers, Capitol police officers, and other individuals who testified before the committee?
Under the U.S. Constitution, a president has broad discretion when it comes to granting pardons. There is no explicit requirement to name individuals by name. According to Article II, Section 2 of the Constitution, the president can “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
In other words, The U.S. Constitution allows the president to forgive people for crimes they’ve committed against the country. This is called granting “reprieves” (delaying punishment) and “pardons” (forgiving the crime entirely). However, the president can’t do this if the person has been impeached.
Under Article II, Section 2 of the U.S. Constitution, being impeached means that a federal official, including the President, has been formally accused by the House of Representatives of committing “high crimes and misdemeanors,” which are offenses serious enough to warrant removal from office. [Next- in an upcoming report: Can these accusations of “high crimes and misdemeanors,” be retroactive to past presidents? Stay tuned!].
However, with respect to the vagueness of some of Biden’s pardons, legal precedent supports his rational. A key case in this regard is Ex parte Garland (1866), where the Supreme Court ruled that a presidential pardon can be issued to a class or group of individuals rather than specific names. This principle was again upheld in the case of United States v. Klein (1871), where the Court reinforced the separation of powers and acknowledged the president’s broad pardon authority.
To break it down, the president does not have to specifically name individuals as long as the group being pardoned is clearly identified. This was evidenced by previous presidential pardons such as those issued by President Jimmy Carter to individuals involved in the Vietnam War draft evasion, and by President Andrew Johnson’s post-Civil War amnesty for Confederate soldiers.
While Biden’s approach to issuing pardons to a class of people, such as committee members and their staff, is being questioned, it is not unprecedented. The practice of granting broad pardons has been employed by past presidents.
For example, President Carter’s blanket pardon for draft dodgers during the Vietnam War didn’t specify individual names but effectively absolved anyone who violated the Military Selective Service Act. Similarly, Johnson’s amnesty proclamation after the Civil War extended forgiveness to all former Confederates, even though specific names were not mentioned.
The Department of Justice’s Office of the Pardon Attorney provides guidelines for how pardons should be processed, but these guidelines do not mandate that individuals must be named for a pardon to be effective. Courts have generally interpreted that as long as the description of the group to which the pardon applies is sufficiently clear, the pardon remains valid.
A Legal Analyst’s Perspective: Navigating the Fine Line Between Law and Journalism
As an investigative journalist and legal analyst with over 20 years of experience, my aim is not to offer legal advice, but to shed light on these legal intricacies for the public. In examining this issue, it’s clear that, while some may argue the vagueness of these pardons could be seen as problematic, the legal framework around presidential pardons offers a great deal of flexibility.
While Biden’s pardons may be controversial, they fall within the scope of the president’s constitutional powers. Courts have supported the idea that presidential pardons can apply to groups of individuals, not just named persons. And while the practice may raise questions about transparency, it is not a violation of the law.
In this case, it is important for readers to understand that the legal process behind such pardons is more about executive discretion than it is about strict procedures. As the conversation around these pardons continues to evolve, it’s crucial that we consider both the legal implications and the political context.
President Biden’s decision to grant pardons to committee members and their staff may seem ambiguous, but the legal framework for presidential pardons supports his actions. It’s not necessary for every individual to be named explicitly as long as the group is clearly identified. Whether this practice will be accepted by the courts in the future is a matter still up for debate.
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