Preemptive Pardons are Clearly Unconstitutional

On his last day in office Fake President Joe Biden pardoned Anthony Fauci and the Jan 6

by Dr. Joseph Sansone

On his last day in office Fake President Joe Biden pardoned Anthony Fauci and the Jan 6. panel. The focus here will be on Fauci and the issue of preemptive pardons in general. The catch is that Fauci has not been convicted or indicted of any crimes. This was a preemptive pardon. In other words this was a clear attempt by the executive branch of government to usurp judicial power and intercede to preempt judicial action. This is a clear violation of the Separations of Powers inherent in the U.S. Constitution. Preemptive pardons clearly interfere with the checks and balances inherent in the U.S. Constitution.

The purpose of a pardon is to correct a miscarriage of justice, not to prevent future judicial action. On its surface a preemptive pardon is obviously absurd when there has been no conviction or even an indictment.

How can a President pardon crimes he does not even know about?

Biden could be pardoning Fauci for cannibalizing neighborhood kids. Of course, participating in the COVID pandemic and terrorizing the nation and facilitating genocide are arguably even worse.

Think about this logically for a moment. Only if the President were a party to the crime could he possibly know what he is pardoning with regards to preemptive pardons. A president can’t pardon himself.

That is a clear conflict of interest. Ford would never have pardoned Nixon in 1974 if Nixon could pardon himself. President Gerald Ford in 1974 issued a preemptive pardon of former President Richard Nixon for any crimes he "committed or may have committed" during his presidency. At the time there were no legal proceedings or official charges against Nixon. Bill Clinton also issued preemptive pardons too.

In the case of a preemptive pardon where no charges are even made, the President is either pardoning crimes he does not know about, or he is a party to them. In either case it falls short of Constitutional scrutiny. The President is either protect himself or usurping judicial power.

Prosecuting public officials and political enemies should not be taken lightly. In the Roman Republic prosecuting politicians as soon as they left office or finished their term became common and helped facilitate the end of the Roman Republic. Julius Caesar had little choice but to cross the Rubicon and take control of Rome. The tyrannical oligarchy known as the Roman Senate and his political enemies were set to prosecute him for bogus crimes after he conquered Gaul.

Fauci is no Casaer, and Fauci’s potential crimes are real, not fabricated.

Article II, Section 2, Clause 1:

"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

Alexander Hamilton, not my favorite founding father, as he argued against the necessity of the Bill of Rights, writes about the Presidential power to pardon in the Federalist Papers.

In Federalist No. 69, Hamilton makes a clear distinction between the powers of the President and those of the British monarch. One critical difference is that the President can grant pardons "EXCEPT IN CASES OF IMPEACHMENT." This limitation is intended as a check on executive power. Preemptive pardons, where a pardon is issued before any legal proceedings or conviction, bypass this check by preempting the judicial process, thus undermining the constitutional balance of powers.

In Federalist No. 74, Hamilton justifies the pardon power as a means to temper justice with mercy, particularly in cases where the law might be too harsh or where the public good might be served by leniency. However, he stresses that this power is not to be "fettered or embarrassed," implying that it should be used judiciously and with consideration of the public good. Preemptive pardons, especially if used to shield individuals from investigation or prosecution before any wrongdoing is established, is an abuse of this power, not in line with the humanitarian and policy-driven rationale Hamilton describes.

Hamilton writes:

“Let it be remembered, finally, that it is not with a view to infractions of the laws of the State, that this power is given. It is meant for those whose guilt is against the general government, and whose punishment, if unmitigated, might be attended with consequences injurious to the public peace. The benign influence of good laws is often obstructed by the severity of their application. In the exercise of this power, the President can consult the sense of humanity, the true interests of the community, and the voice of justice, tempered by mercy.”

The above seems almost at complete odds with a preemptive pardon for Fauci. Instead of a sense of justice and the true interest of the community, we are left with the stink of corruption.

Hamilton in Federalist No. 77 elaborates on the President's appointing power, emphasizing the necessity of Senate advice and consent for many key appointments, which serves as a check on executive overreach. Although this paper doesn't speak directly to pardons, the principle of checks and balances is clear. Preemptive pardons clearly interfere with the integrity of legal proceedings by potentially covering up or preventing the investigation of crimes, thus bypassing the checks that should occur through the judicial system.

In Federalist No. 84, Hamilton addresses concerns about executive power, noting that while the President can grant pardons, this power is limited by not extending to cases of impeachment. This limitation is meant to prevent the President from using pardons to protect themselves or allies from accountability. Preemptive pardons are an expansion of this power beyond its intended scope, opening the door to abuse where the President can shield individuals from legal scrutiny prematurely, thus corrupting the legal process and public trust.

The overarching theme in these papers is the establishment of a government that balances power to ensure justice, protect rights, and maintain public order. Preemptive pardons directly undermine public trust showing that justice can be manipulated or that there are individuals above the law. This contradicts the spirit of the Constitution, which aims to ensure that no one is above the law, as implied by the discussions on executive powers.

The Federalist Papers advocate for a system where executive power, including the power to pardon, is exercised within a framework of checks and balances to prevent abuse and ensure justice. Preemptive pardons, by their nature, circumvent this system. This feeds into a further corruption of legal processes, undermining the checks designed to maintain accountability, and eroding public trust in governmental institutions. Preemptive pardons are a direct attack on the checks and balances in our government.

It is clear that Biden’s pardoning of Fauci is not in the interest of serving justice, humanitarian goals, or correcting a miscarriage of justice. Biden’s preemptive pardon of Fauci is to usurp judicial power and protect a coconspirator. It can not stand. This is just another straw on the camel’s back of our once Constitutional Republic, which has sadly morphed into a banana republic.

Having said that, nothing prevents any state attorney general, state attorney, or even county prosecutor, from indicting Fauci, or others, as their potential crimes were committed in all 50 states.

Increasingly since the end of WWII, and certainly since the 1990s, we have seen the emergence of an Imperial Presidency that does the bidding of the Shadow Government. The only way to reign in either, is to restore the U.S. Constitution as the rule of law.

Trump’s new Attorney General, Pam Bondi, should ignore these preemptive pardons, seek justice for the Jan. 6^th political prisoners, and the American people. Let’s see if the U.S. Supreme Court cedes this much judicial power to the Executive Branch.

Dr. Joseph Sansone is a psychotherapist opposed to psychopathic authoritarianism.

Mind Matters and Everything Else is 100% independent. If you appreciate my writing and advocacy and would like to support it, please consider upgrading to a paid subscription or making a donation of any amount. Donations may be sent c/o Joseph Sansone, 27499 Riverview Center Boulevard, Bonita Springs, Florida 34134, United States, or make an online donation on Ko-Fi here.

---

Go paid at the $5 a month level, and we will send you both the PDF and e-Pub versions of “Government” - The Biggest Scam in History… Exposed! and a coupon code for 10% off anything in the Government-Scam.com/Store.

Go paid at the $50 a year level, and we will send you a free paperback edition of Etienne’s book “Government” - The Biggest Scam in History… Exposed! OR a 64GB Liberator flash drive if you live in the US. If you are international, we will give you a $10 credit towards shipping if you agree to pay the remainder.

Support us at the $250 Founding Member Level and get a signed high-resolution hardcover of “Government” + Liberator flash drive + Larken Rose’s The Most Dangerous Superstition + Art of Liberty Foundation Stickers delivered anywhere in the world. Our only option for signed copies besides catching Etienne @ an event.