What Does the POTUS’ Power to Pardon Include?

The topic of discussion for this Constitution Monday is the pardoning power of the President of the United States. Article II, Section 2, Clause 1 states: “The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” Constitution Annotated explained this pardon clause as follows: 

The Constitution establishes the President’s authority to grant clemency, encompassing not only pardons of individuals but several other forms of relief from criminal punishment as well. The power, which has historical roots in early English law, has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the Court referred to the President’s authority to pardon as unlimited except in cases of impeachment, extending to every offence known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment. Much later, the Court wrote that the broad power conferred in the Constitution gives the President plenary authority to ‘forgive’ [a] convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with certain conditions.

Despite the breadth of the President’s authority under the Pardon Clause, the Constitution’s text provides for at least two limits on the power: first, clemency may only be granted for Offenses against the United States, meaning that state criminal offenses and federal or state civil claims are not covered. Second, the President’s clemency authority cannot be used in Cases of impeachment.

Beyond textual limits, certain external constitutional and legal considerations may act as constraints on the power. For instance, the Court has indicated that the power may be exercised at any time after [an offense’s] commission, reflecting that the President may not preemptively immunize future criminal conduct. In Schick v. Reed, the Court recognized that an exercise of clemency may include any condition which does not other wise offend the Constitution, suggesting that the President may not make clemency subject to a condition that is prohibited by another constitutional provision. Other apparent limitations include not affecting vested rights of third parties, such as where forfeited property is sold, or proceeds paid into the treasury, which an only be secured to the former owner … through an act of [C]ongress. The Court in The Laura also alluded to an exception for fines… imposed by a co-ordinate department of the government for contempt of its authority, though a later case recognized that the President may pardon one who is subject to criminal punishment for contempt of court.

Assuming the recognized limitations are not transgressed, a full pardon granted by the President and accepted by its subject prevents or removes any of the penalties and disabilities consequent upon conviction….

Congress generally cannot substantively constrain the President’s pardon authority through legislation, as the Court has held that the power of the President is not subject to legislative control. Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders….

The topic of pardons is in the news currently because President Joe Biden has pardoned questionable people, including his own son Hunter Biden and thirty-seven people on death’s row. More pardons are expected to be given before noon on January 20, 2025.

According to Hailey Gomez at The Daily Signal, Victor Davis Hanson, historian, commentator, and Hoover Institution senior fellow, believes that President Biden will pardon all members of his family. Is this an admission that all members of the Biden family were involved in the Biden crime family business? Hanson also believes that Biden is pardoning people who will benefit his family or who will bring the largest response from the public. 

“It works like this. He just said, ‘I’m going to pardon people, and I have two criteria for pardoning them. Whatever they can do for the Biden family or the larger friend and associate of the Biden consortium, I’ll do it,’” Hanson said on his podcast.

“‘And whatever makes people angry, because I’m going to be a puny little Samson that’s going to pull down the temple when I go out. Give me as much chaos and nihilism as I can. Make it symbolic and the more egregious the pardon, the better.’”

Should Joe Biden Be Impeached?

Speaker of the House Kevin McCarthy announced today that he had authorized the House of Representatives to begin an impeachment inquiry into President Joe Biden based on current evidence in the hands of Congress. According to Fred Lucas at The Daily Signal, McCarthy said the following: 

I’m directing our House committee to open a formal impeachment inquiry into President Joe Biden…. This is the logical next step that will give our committees the full power to gather all the facts and answers for the American public….

I do not make this decision lightly…. Regardless of party or who you voted for, these facts should concern all Americans.

The House Oversight and Accountability Committee, House Judiciary Committee, and House Ways and Means Committee have been investigating the Biden crime family and have gathered much information. However, the Biden administration – including the Department of Justice and other departments – have been blocking for Biden every step of the way. This is why an impeachment inquiry is necessary.

McCarthy indicated that offences may include abuse of power, obstruction, and corruption. They could also include bribery. He also announced that James Comer (R-KY) (Chairman of the House Oversight and Accountability Committee), Jim Jordan (R-OHIO) (Chairman of the House Judiciary Committee), and Jason Smith (R.MO) (Chairman of the House Ways and Means Committee) will lead the impeachment inquiry.

It is right that the House will hold an impeachment inquiry because the committee will have subpoena power that they do not have without the formal inquiry. The current evidence seems to be damning for Biden. However, the committee chairmen have committed to following the evidence and going wherever it leads. If the evidence leads to grounds for impeachment, then Biden should be impeached. If not, his name should be cleared.

How Long Is the Trail of Money?

Republicans took control of the U.S. House of Representatives in January and have discovered all kinds of information about corruption in government and a possible compromised President Joe Biden. Based on the third batch of records from banks released by the House Oversight and Accountability Committee, the Biden family received at least $20 million from oligarchs from Russia, Kazakhstan, and Ukraine.

The money was sent to members of the Biden family and business associates while Joe Biden served as vice president during the Obama administration. Fred Lucas outlined the information about the money in an article in The Daily Signal. 

In February 2014, Russian billionaire Yelena Baturina transferred $3.5 million to Rosement Seneca Thornton, a shell company owned by Hunter Biden and his partner Devon Archer. About $1 million was transferred to Archer, and the remainder was used to initially fund a new company account, Rosemont Seneca Bohai.

In July, Archer testified to the House committee that while Biden was vice president, he showed up for a dinner with Hunter Biden’s business associates that included Baturina.

“During Joe Biden’s vice presidency, Hunter Biden sold him as ‘the brand’ to reap millions from oligarchs in Kazakhstan, Russia, and Ukraine,” House Oversight and Accountability Chairman James Comer, R-Ky., said in a public statement about the new bank records. “It appears no real services were provided other than access to the Biden network, including Joe Biden himself.

The Russian billionaire attended the dinner at Café Milano along with then-Vice President Joe Biden.

“Hunter Biden seems to have delivered,” Comer continued. “This is made clear by meals at Café Milano where then-Vice President Joe Biden dined with oligarchs from around the world who had sent money to his son. [Its] clear Joe Biden knew about his son’s business dealings and allowed himself to be ‘the brand’ sold to enrich the Biden family while he was Vice President of the United States.”

Comer said the committee will continue to investigate whether “President Biden is compromised or corrupt, and our national security is threatened.”

Lucas also reported on money sent to Hunter Biden to purchase a new sports car – more than $140,000. He also wrote of meeting in Kazakhstan in June 2014 to evaluate a deal between Burisma, a company owned by the government of China, and the government of Kazakhstan.

 

Has the U.S.A. Become a Third-World Country?

The topic of discussion for this Constitution Monday is the need for non-political police forces. Only third-world countries have police forces that support one political party over another. Yet, the Department of Justice and the FBI are both protecting the Joe Biden crime family while persecuting and prosecuting Donald Trump and his supporters.

There is a now familiar pattern to so-called justice practice. Deroy Murdock explained that new accusations are made against Trump every time that the Bidens feel any heat from their corruption. Murdock explained the pattern as follows: 

On June 7, new documents indicated that Ukrainian gas company Burisma paid Joe and Hunter $5 million each. On June 8, DOY indicted Trump in the Mara-a-Lago secret documents matter.

On July 26, Hunter’s plea agreement unraveled. On July 27, Smith unveiled “superseding” Mar-a-Lago charges.

On July 31, Archer’s testimony torched the Bidens. On Aug. 1, Smith slapped Trump with Jan. 6-related accusations.

House Republicans continue to investigate the Biden crime family, and the evidence continues to pile up. Yet, Democrats continue to support Biden and claim that they cannot see anything wrong. Biden is a corrupt president who is being supported by secret combinations.

Nearly 200 years ago, the Prophet Joseph Smith prophesied that the time would come that the U.S. Constitution would “hang by a thread.” I believe that we are living in that time. The writing seems to be on the wall for the demise of America. Yet, I do not fear. I have faith that the Constitution will be preserved, and America will maintain its freedom. However, I also believe that we will go through some trying times before it is securely saved.

 

Is Joe Biden Corrupted and Compromised?

The liberty principle for this freedom Friday concerns corruption in the government of the United States of America. Evidence of corruption by the Biden crime family continues to appear. Devon Archer, former friend and former business partner of Hunter Biden, was interviewed on Monday by members and counsel of the House Oversight and Accountability Committee.

The 141-page transcript of the interview was released today. Much of the information given by Archer was similar to information given previously about then-Vice President Joe Biden was the “brand” that Hunter Biden was selling to foreign entities in his various business deals. Fred Lucas shared six key takeaways from the transcript in an article in The Daily Signal. 

1. ‘Signals Are Basically Used as Currency’

Archer said at several points in the testimony that the Biden “brand” was sending “signals” to business partners….

At another point in the interview, the committee’s counsel pressed him on how much influence Hunter Biden had on federal policy.

“I have no basis to understand what his father and his conversations were about policy in Ukraine,” Archer said. “But, as you can see, that seems pretty familiar, that, you know, he can’t influence it but take credit for it. I mean, that was – it’s literally the back and forth between the last exhibit and this exhibit. That’s what does on. People send signals, and those signals are basically used as currency.”

2. ‘The Brand’

Archer routinely said that Joe Biden was “the brand” that allowed Hunter Biden to haul in investors.

Jacob Greenberg, the oversight committee’s majority counsel, asked, “You keep saying ‘the brand,’ but by ‘brand,’ you mean the Biden family, correct?”

“Correct,” Archer said.

Later, Rep. Andy Biggs, R-Ariz., interjected, “When you say ‘Biden family – sorry to cut in here – I just want to get a clarification, “When you say ‘Biden family’ – sorry to cut in here – I just want to get a clarification. You aren’t talking about Dr. Jill [Biden] or anybody else? You’re talking about Joe Biden. Is that fair to say?”

Archer replied, “Yeah, that’s fair to say.”

He followed with, “Listen, I think its – I don’t think about it as, you know, Joe directly, but it’s fair. That’s fair to say. Obviously, that brought the most value to the brand.”

3. Burisma Survival and ‘Intimidation’

Archer told the committee that Burisma likely wouldn’t survive without the Biden brand.

“My only thought is that I think Burisma would have gone out of business if it didn’t have the brand attached to it,” Archer said. “That’s my, like, only honest opinion. But I have no basis for any – never heard any conversations.” …

Goldman said, “You’re just talking about that Hunter was on the board.”

Archer replied, “Right. And I think that’s why it [Burisma] was able to survive for as long as it did.”

Goldman asked, “Because of additional capital or –”

Archer corrected him, “Just because of the brand.” …

Goldman asked, “But how would that work?”

Archer answered, “Because people would be intimidated to mess with them.”

Goldman asked, “In what way?”

Archer answered, “Legally.” …

4. Burisma and ‘Help From DC’

The counsel asked about a dinner at the Four Seasons with Burisma CEO Mykola Zlochevsky and Vadym Pozharskti, an adviser to the board of Burisma.

During this meeting, at a time when the company was under investigation by Shokin, they asked Hunter Biden to make phone calls.

“The request was I think they were getting pressure and they requested Hunter, you know, help them with some of that pressure,” Archer said.

“What pressure?” the majority counsel asked.

“Government pressure on their – you know, government pressure from Ukrainian government investigations in Mykola, etc.,” Archer said. “But it was not – it wasn’t like a specific – not a specific request. It was just we were sitting there at the Four Seasons having, you know, coffee and there was – there was Mykola, there was one of the managers for the Four Seasons who managed that property, Vadym.”

Archer said that Shokin wasn’t the only concern, as the company was facing problems with Britain, the United States, and Mexico….

“The request – you know, basically the request is like, can D.C help? But there were not – you know, I’m not going to – there were not – it wasn’t like – there weren’t specific, you know, can the big guy help? It was – it’s always this amorphous, can we get help in D.C.?”

Biggs later asked, “Why do you think they were asking Hunter Biden for D.C. help?”

Archer answered, “Well, I mean, he was a lobbyist and an expert and obviously he carried, you know, a very powerful name. So, I think it was – that’s what they were asking for.”

5. Dinner Guest Joe Biden and Money Wires

Then-Vice President Biden attended dinners with Hunter Biden’s foreign business partners who wired money to various Biden family-associated companies, according to Archer.

The committee’s majority counsel asked about a spring 2014 dinner at Café Milano in Washington.

Archer named individuals present, which included Yelena Baturina, a billionaire, and the widow of former Moscow Mayor Yury Luzhkov.

“And so, this dinner takes place in spring of 2014, approximately. But then do you recall getting a wire on February 14^th of 2014 from Yelena Baturina for $3.5 million to Rosemont Seneca Thornton?” the majority counsel asked.

Archer clarified that it was to Rosemont Seneca Thornton, one of his business operations with Hunter Biden….

The majority counsel also noted a wire transfer with Rosemont Seneca and Kenes Rakishev, a businessman associated with the Malta company Novitas Holdings, PTE Ktd.

“Why did Rosemont Seneca Bohai receive $142,000 payment from Rakishev?” the counsel asked.

Archer replied, “It was for a car.”

The counsel followed, “For whose car?”

Archer said, “For Hunter’s car.” …

6. Speakerphone Meetings

Archer said that Hunter Biden “would sometimes make it apparent that he spoke to his dad, and sometimes he put him on speaker.” …

After additional questions, Archer explained about the calls, “That is a little odd. I mean, it’s not odd – I mean, it’s quite obvious what we’re talking around.”

The counsel asked, “You are talking around it, and so I’d like to get out, what are we talking about here?”

“At the end of the day, part of what was delivered is the brand. I mean, it’s like anything, you know, if you’re Jamie Dimon’s son or any CEO,” Archer said. “You know, I think that that’s what we’re talking about, is that there was brand being delivered along with other capabilities and reach … I think ‘brand’ is the best way to describe it.”

Archer went on to note that business associates in the meeting were impressed that the then-vice president joined by speaker phone….

 

 

When Should Impeachment Take Place?

The word impeachment was seldom heard historically, but it is heard more often these days. The House of Representatives has impeached only three Presidents of the United States, but none of them were convicted by the Senate. Andrew Johnson was impeached in 1866, and Bill Clinton was impeached in 1998. Donald Trump was impeached in 2019 and again in 2021, the only POTUS to be impeached twice. Richard Nixon resigned before he could be impeached in 1974.

Trump’s first impeachment came from a telephone conversation with Ukraine President Zelenskyy about rumored corruption by Joe Biden. Now, House Speaker Kevin McCarthy signaled that he is open to a possible impeachment inquiry against President Joe Biden over corruption in Ukraine. Was Trump wrongly impeached?

McCarthy indicated in an interview with Fox News that questions about the Biden corruption are “rising to the level of impeachment inquiry.” In an article in the Deseret News, D. Hunter Schwarz wrote the following: 

McCarthy said the Bidens were allegedly paid bribes by foreign businesses and referenced IRS whistleblowers who accused the Justice Department of interfering in an investigation into Hunter Biden, who said he would plead guilty to two misdemeanor tax charges last month.

“We only followed where the information has taken us, but this is rising to the level of impeachment inquiry, which provides Congress the strongest power to get the rest of the knowledge and information needed,” McCarthy said….

An impeachment inquiry is a first step to potentially remove a U.S. president from office. When launched by a House Speaker, an inquiry allows a committee to investigate alleged wrongdoing. If the committee votes for articles of impeachment, the House can vote whether or not to impeach and the Senate can then vote whether or not to convict and remove from office.

McCarthy accused Biden of weaponizing government to “benefit his family and deny Congress the ability to have the oversight,” which he called “something that we have not seen since Richard Nixon.”

McCarthy expressed the obvious: none of the Biden family corruption would be known if Republicans did not have the majority in the House. He also indicated that Republicans only went from the information led them. However, McCarthy is not yet ready to launch an impeachment inquiry because he does not want to use impeachment for “political purposes.”

Republicans have bank records collaborating Biden money laundering, and they have heard testimony from whistle blowers testifying of other evidence of corruption. Evidence continues to mount against the Biden crime family, so I would not be surprised to hear of the start to impeachment hearings.

I am totally against impeachment being used for political purposes. However, the Constitution lays out the conditions when impeachment should be used. Article II, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

If the whistleblowers told the truth in their testimonies before Congress and if the bank records prove money from Russia, China, Ukraine, Romania, and other nations was being laundered by the Biden family, it is possible that Joe Biden is guilty of bribery and deserves to be impeached. I support Republicans taking plenty of time to gather all the evidence before impeaching Biden.

Is Joe Biden Corrupt, and Has He Been Compromised?

The liberty principle for this Freedom Friday concerns secret combinations, which are organizations that corrupt nations. For some time I have been writing about corruption in the federal government, and I have made clear that I believe our government is controlled by secret combinations. I believe that one of the secret combinations or secret organizations – or possibly a combination of several secret organizations – is what is currently known as “the Deep State.”

No one knows the individuals who make up the Deep State, but I believe that it is made up of both Democrats and Republicans who are controlling the highest levels of our government. No one had any proof of the Deep State until Donald Trump announced his candidacy for President of the United States, and the members of the Deep State began their efforts to destroy him.

Trump was not so easy to destroy, and all their efforts seemed to boomerang against them. They got “Trump Derangement Syndrome” and sort of went crazy. In doing so, they began to make mistakes, and evidence of the wrongdoing began to leak out.

Some of the evidence was delivered to the members of the House Oversight Committee by two IRS agents, Gary Shapley (an agent in the IRS’ Criminal Investigation Division) and Joseph Ziegler (agent in the agency’s International Tax and Financial Crime Section). Their testimonies showed that leaders of the Department of Justice were protecting and covering up for the Biden crime family from the consequences of enriching themselves for numerous years while selling the nation down the river. 

More evidence was disclosed today when Senator Chuck Grassley (R-Iowa) released the FD-1023 form, about the dealings of Hunter Biden with Burisma executives. An FD-1023 is an FBI form that special agents use to record information from confidential human sources, information that has not been verified.

The FD-1023 is unclassified, but FBI Director Christopher Wray refused to admit that it existed until Grassley and House Oversight Committee Chairman James Comer (R-KY) said that they had seen the form. Wray insisted that only Grassley, Comer, and the ranking member could see it but would need to look at it in a secure facility. Then all members were able to see it and take notes. Grassley grew tired of waiting for Wray and released the document today.

The FD-1023 has information from an informant who said that Burisma paid Joe Biden $5 million and Hunter Biden $5 million for “protection.” The form is four pages long and gives details from three separate meetings between the FBI confidential informant and Burisma officials. Fred Lucas at The Daily Signal explained the following: 

While Congress has investigated what appeared to be influence peddling by the Biden family, the bribery allegation is the first direct link to Joe Biden….

The form is unverified information and only regards a raw allegation. Yet, much of the background information is consistent with what’s already known, as Burisma officials seemed determined to get then-Ukrainian Prosecutor General Viktor Shokin fired to stop the investigation.

During a speech in January 2018, after leaving office, Biden boasted about pressuring Ukraine leaders to fire the prosecutor in 2016 by threatening to withhold $1 billion in U.S. aid.

In 2019, a Democrat-controlled House impeached President Donald Trump for asking Ukrainian President Volodymyr Zelenskyy in a phone call about Joe Biden’s role in using U.S. aid as leverage to fire the prosecutor investigating Burisma at the time it employed Hunter Biden.

Other evidence being discovered by Comer’s committee includes bank records of twenty shell companies set up by the Biden crime family to launder their ill-gotten money. 

It is becoming more and more apparent that the Biden family is corrupt and Biden himself is compromised. However, the Deep State continues to cover for Biden, so he may never be brought to justice for selling America to China, Ukraine, Russia, Romania, and who knows how many other nations.

Will Any Biden Family Members Be Charged with Corruption?

Today, the House Oversight and Accountability Committee fulfilled their promise to expose the corruption of the Biden family. Chairman James Comer and his committee released information about $10 million that flowed into the bank accounts of Biden family members.

According to Fred Lucas at The Daily Signal, Comer said that the bribery allegations President Joe Biden by a whistleblower “are consistent with our independent findings.” Much of the information in this post comes from Lucas’ article.

After an FBI whistleblower went to Sen. Charles Grassley (R-Iowa), Grassley provided the information to Comer. Last week, Comer and the Oversight and Accountability Committee subpoenaed the FBI for forms with information. Comer stated the following during today’s press conference:

I trust the whistleblower. A subpoena from this committee is a powerful tool. The level of detail provided to Sen. Grassley led me to conclude that a subpoena was warranted….

When Sen. Grassley approached me with the information the whistleblower provided, it was because of the information we’ve learned through this committee’s own investigation, which indicated to me the whistleblower’s allegations are consistent with our independent findings.

Last week, Comer stated that “he knew what country the foreign national was from and what the policy was,” but he was not free to give the information to the public.

We hope the FBI will be transparent and forthcoming and provide the oversight committee with the 1023 form we have subpoenaed…. As has been my practice, we will report to you only facts that are verified and indisputable. This committee will not pursue witch hunts or string the American people along for years with false promises of evidence that is beyond circumstantial evidence, as Rep. Adam Schiff and the Democrats did for years.

Biden has said many times that he never spoke to his son Hunter Biden about his overseas businesses. However, Comer said today, “We believe that the president has been involved in this from the very beginning.”

If Joe Biden has been doing business with the Chinese Communist Party since the time that he was Vice President, we have a compromised President. In fact, he may be guilty of treason. I hope that Comer and his committee continue with their investigation, and then let the facts determine future actions. I do not want anyone charged unfairly, but I do hope that all guilty persons will be brought to justice for the damage done to the United States.