90 Comments

Great read, as always.

Even with pardons, I expect the incoming administration to ignore law and do whatever they please. That doesn’t mean we don’t fight it. It means prepare in advance for the possibility.

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These will be taxpayers footing the bill to bring these ridiculous lawsuits. They were upset about the price of eggs? This should concern them as much if not more.

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Do all pardons have to be public? Could Biden pre-emptively pardon someone but not publicize it? That way, couldn’t Alex Vindman, for instance, wait until he was charged and Trump had expended resources Iin false prosecution then pull out the pardon?

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Secret pardons would violate the Presidential Records Act and would be a bad idea, but the pardons would almost certainly still be valid. Some of Harry Truman's farewell pardons weren't disclosed and came to light only when the Eisenhower administration noticed them and blew the whistle.

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Weeeellll, as we’ve seen, it can take a little while to gather up all the documents….🫢. But for sure it is done…. I think a record keeping act wouldn’t be much of an obstacle

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Good question. I suspect that they have to be - or that the question has never been raised before.

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As we’ve seen with Trump, never done before doesn’t necessarily mean can’t be done! I say Biden should go for it. After all, he has immunity!

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I was wondering the samething!!

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Keeping them secret would only be fodder at some point for the MAGA GOP. Sunshine is the best disinfectant. They should not be secret.

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Absolutely, Harry! Biden must issue protective pardons to all those on Trump's retribution list, including the entire J6 House Committee, the entire Justice Department team investigating Trump, including now resigned Special Counsel Jack Smith, Judges Tanya Chutkan and Juan Merchan who presided over the cases against Trump, and New York AG Letitia James NYC DA Alvin Bragg among others. Biden crossed the pardon Rubicon by pardoning his son Hunter, and it would be an inconsistent and immoral abdication of his oath "to serve and Protect" not to pardon those defending the "rule of law" that's the beating heart of our democracy,

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There is nothing that will stop the flood of maga lies aimed at exacting major hits on Biden’s legacy. Whatever Biden does or doesn't do won't diminish that firehose of lies.

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Very true!

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Thanks for clarifying that those receiving protective pardons do not have to admit to guilt.

I have been writing about protective pardons since the election. I think Biden should proceed.

I am sure the Republicans will go through House and Senate "investigative hearings" even if criminal prosecutions are off the table.

Good thing that Biden has immunity or he would be first up on Kash Patel's list.

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PS. Can Biden order the ERA to be published so it becomes part of the Constitution?--the other item on my Biden to-do list.

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I agree with the tax audit comment - there are a lot of ways to make people miserable, but I think the suggestion of Kash Patel at FBI (and previously Matt Gaetz at DOJ) really say to me that there will be investigations. I do think that safe harbour pardons, or whatever you would like to call them, are the right answer. BUT isn’t there something called a pocket pardon, which isn’t announced, such as Alannah asks? Would that not be the safest route at this point?

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2dEdited

Thank you for presenting a thoughtful and thorough analysis. Knowing the playbook of the adjudicated felon as we do, Biden should issue protective pardons. I think “history” will realize, as the sane amongst us do, that extraordinary times call for extraordinary measures. Please President Biden continue, as long as you can, to protect people from the venomous felon. He said he was a snake and he enjoys watching people suffer. That is not the “American way” however it is business as usual for the Felon.

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I agree. You can not fight these uneducated politicians. They fight dirty and illegally!! Biden will always be remembered in history as a good president, unlike the loser heading in now!!!

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Pardon everyone in jeopardy who asks fir one. I love Biden but screw his legacy he trashed that with Garlands AG appointment. It will be a worse legacy to turn his back on those who stood up for their country

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In the same way we know the incoming has a stack of executive orders already written and possibly signed for his day one. In my mind President Biden, still has moves which he is keeping close to his breast and which he still has 7+hrs days to reveal and enact. Protective Pardons are a must, he the President must leave time for a yay-ney from the recipient. Thank you Harry

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I do think the principles in these 60 pardons that you describe were worked out when the pardon for Hunter Biden was issued. That one came on the heels of the ceremonial pardoning of the Thanksgiving turkeys. What an apt symbol of who Trump is and who Biden is. A principled man like Joe Biden and you understands the gravity of the situation.

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Thank you, insightful and measured. Love that.

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trump's minions will do all that trump orders them to do! It's up to Joe Biden to do the right thing and protect them the best they can since they stand for Democracy! Thanks, Harry, for laying this all out and even this less than 2.0 HS grad can understand.

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Great article thanks.

If Biden can grant such pardons, why not pardon undocumented immigrants.

I support the safe harbor pardons for the 60. It is about time we fight fire with fire.

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Tough decision! But I'd go towards protecting people who did nothing wrong but tell the truth out Trump!

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