In a recent interview with Sean Hannity, President Trump asserted that former President Biden should have pardoned himself. This sentiment violates long-held principles in law.
As Laurence Tribe, Norman Eisen and Richard Painter have written in terms of a self pardon, the foundational case in the Anglo-American legal tradition is Thomas Bonham v. College of Physicians, often called Dr. Bonham's case. In 1610, the Court of Common Pleas determined that the college of physicians could not act as both a court and a litigant in the same case. The college's royal charter had given it the authority to punish individuals who practiced without a license. The court stated that it was "impermissible" for the college to receive a fine that it had the power to inflict: One cannot be both "judge and attorney for any of the parties."
In fact, there is no precedent for a sovereign (king) pardoning himself, then abdicating or being deposed but being immune from the criminal process. There is simply no instance of a self-pardon having been recognized as legitimate. They also mention than even the Pope does not pardon himself.
In 1915, the Supreme Court in Burdick v. United States declared that a presidential pardon carries with it an "imputation of guilt" and that acceptance of a pardon constitutes a "confession." This ruling played an important role in Nixon's accepting Gerald Ford's pardon in 1974.
Lastly, a self-pardon would undermine the concept that no one is above the law. An important principle emanating from the Bonham case was that no man could be a judge in his own case.
Michael V. Woodward, Ph.D.
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Within two years after Jan. 6, 2021, more than 900 were arrested with nearly 500 guilty pleas, dozens of major sentences and more seditious conspiracy convictions than in decades (NBC 1/6/23). Cameras were seized and the FBI had 26 informants embedded among those at the Capitol on Jan 6.
No informants must have been present in DC on Jan. 20, 2017. Fires were set, police were injured and windows smashed as leftists violently “resisted” Trump’s first inauguration. Two hundred were arrested (CBS 1/20/17). Two groups of these radicals had trials end in defeat as they wore black and masks. Thirty nine others saw their charges dropped (NBC 7/6/18). No commuted sentences were needed from Joe.
The usual Dems did line up to rant about pardons for people who assaulted police (The Hill, CNN, WashPo) but said little regarding those receiving commutations from Biden: a man convicted of murdering FBI agents (NYPost 1/20/25), another who killed an Ohio police officer (NBC 1/21/25) or a drug dealer who murdered an eight-year-old and the child’s mother (WFSB3 1/21/25)?
Flashback: December 2020, Jake Tapper pressed Joe Biden about rumors of Trump issuing “pre-emptive” pardons to his closest allies and himself which by the way Trump never did. That question provoked Biden into a sanctimonious diatribe denying he would ever do that (Daily Wire 1/20/25).
Yes, Burdick v United States makes clear acceptance of a pardon is an admission of guilt. However, progressives only join the discussion if they can spin it negatively to Trump. It must be noted, for those accepting Biden’s 11th hour pardons no matter who they are, under Burdick, 109 years later it still carries with it an admission of guilt.
Ralph Miller
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I suspect that many folks are aware that Joe Biden could not legally pardon himself, many expected him to try anyway. Since when has he shown much respect for legal or moral concepts?
I believe that Donald Trump said that somewhat tongue in cheek as well as understanding the possibility Joe Biden could have considered it.
Based on Joe Biden's actions in the past he probably should have tried it, not that I think Joe Biden will be held accountable for any immoral or illegal actions.
Politicians in general and about half of our highly and less educated citizens seem to ignore accountability for immoral and illegal actions of the "political class".
Hopefully the USA will survive the ignorance of half its population and continue to help make the world a better place.
Pete Clark