Joe Biden "preemptively pardoned" dozens of targets of expected Republican investigations into various crimes and abuses of power by the enemies of Donald Trump.
Was it Constitutional? The Supreme Court ruled in 1866, "Ex parte Garland," that, with the exception of impeachment, that power is "unlimited." The power to pardon or commute sentences "extends to every offence known to the law" and "may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency or after conviction and judgment." (Author emphasis)
The only precedent we have of these kinds of "preemptive pardons" is the pardon of Richard Nixon by Gerald Ford. Nixon had not been impeached or charged with a crime, but Ford pardoned him to spare the country the wrenching experience of watching a former president on trial. The wisdom of that pardon is still debated today, and there are sound arguments for both sides.
Whether the pardons of Biden's relatives and cronies were constitutional, Congress certainly has the right and duty to investigate the issues surrounding the pardons. Beyond that, the investigations may uncover wrongdoing by others associated with Biden's inner circle. They are not covered under Biden's blanket pardons and would be subject to prosecution.
"Implication is that they needed the pardons," Rep. Chip Roy (R-Texas), wrote on X. "So, let’s call them all before Congress and demand the truth. If they refuse or lie – let’s test the constitutional ‘reach’ of these pardons with regard to their future actions."
For some, like Sen. Rand Paul (R-Ky.), the pardon of former NIH Director Antony Fauci may have been the most egregious action taken by the former president in his pardon blitz.
"If there was ever any doubt as to who bears responsibility for the COVID pandemic, Biden’s pardon of Fauci forever seals the deal. As Chairman of the Senate Homeland Security and Governmental Affairs Committee, I will not rest until the entire truth of the coverup is exposed," Paul wrote on X. "Fauci’s pardon will only serve as an accelerant to pierce the veil of deception."
Fauci will now be able to avoid any kind of censure either for his actions in covering up his role in the EcoHealth Alliance-Wuhan Lab collaboration that may have led to a lab leak or for lying to Congress about the gain-of-function research there.
Related: Trump Reconsiders When to Begin Immigration Raids After Plans Leaked
There are other investigations that some members are eager to get started.
Rep. Barry Loudermilk (R-Ga.) — who has long led a House GOP investigation into the Jan. 6 Capitol attack and probe into the Jan. 6 select committee that originally investigated it — indicated that Congress could call Jan. 6 select committee members in for questioning in light of the Biden pardons.
Asked if there is now an incentive to bring in the Jan. 6 select committee members for questioning, Loudermilk told The Hill: “I think definitely, this is a situation that we still got to dig a little deeper.”
But whether Loudermilk actually does so will depend on the form his investigation takes in the new Congress. While Speaker Mike Johnson (R-La.) has said the House will continue to investigate the former select committee, the specifics of that potential probe are unknown. Loudermilk has been asking Johnson to create a new select committee to investigate the old select committee and Jan. 6 matters.
"Sneaking this through in the last hours of his presidency only makes them look more guilty. What’s he so desperate to hide? It’s been clear to any honest observer that there is plenty to investigate," said Rep. Doug LaMalfa (R-Calif.), chairman of the House Western Caucus.
Biden and the Democrats' hysterical fear that Trump will all but set up a guillotine on the National Mall to execute his political foes is misplaced. Investigating wrongdoing by the powerful is one of the primary functions of Congress.
That's been the charge of Congress since the nation's founding. It's not going to stop now because Democrats are whining about "partisan witch hunts."
Join the conversation as a VIP Member