Posted by Glenn Greenwald
102K posts
Glenn Greenwald
Glenn Greenwald’s posts
Pinned
Key point from Harvard Law’s Jack Goldsmith: Biden’s pardon of Hunter isn’t just for gun charges but everything, including Burisma. That means the pardon could shield Joe Biden himself from investigation. That could be a crime, but SCOTUS’ immunity ruling protects Joe:
Biden’s pardon of his son going back to 2014 covers Hunters’ Burisma activities. Whether or not there was criminality, there might have been an investigation by the incoming Trump administration. That is off the table now (as is Hunter’s 5th Amendment claim before congressional investigators). Also off the table is any Trump administration investigation of Biden for issuing the pardon to obstruct justice, on a theory of obstruction akin to the ones Mueller was floating (though not in the pardon context) in Volume II of his report. Bob Bauer and I explained in “After Trump,” p. 127 ff., why a president could theoretically be prosecuted for using a pardon to obstruct justice. We also explained (p. 126) why such a prosecution would not necessarily be precluded by the Article II pardon power, which makes the pardon absolute for the beneficiary of the pardon, but “does not afford the president , as the grantor, immunity from commission of a crimes in connection with the granting of the pardon.” However, Biden is protected by the Supreme Court’s July immunity decision from criminal investigation for possible obstruction of justice by the incoming Trump administration. The Court said that a pardon was a conclusive and preclusive presidential power, and that the president’s exercise of such a power is broadly immune from criminalization, investigation, or prosecution by a subsequent administration. The Court in reaching this conclusion expressed worry about “an Executive Branch that cannibalizes itself, with each successive President free to prosecute his predecessors.” I.e. Biden is the first beneficiary of Trump v. U.S.
Who Watches the Watchers? 