Below is my column on the Biden family pardons in Fox.com. President Joe Biden merely confirmed the worst expectations of his critics. The true condemnation rests with those in the media who enabled the Biden influence-peddling operation.
Here is the column:
At 11:45 am, the media felt the final sting of the Biden scandal. It was delivered by President Joe Biden, who shattered any pretense of principle in pardoning family members allegedly implicated in the influence-peddling corruption scandal.
According to an old fable, a scorpion convinced a leery frog to carry him across a river, noting that he could not sting him since they would both drown. Halfway across, the scorpion struck and the frog asked why he would doom them both. The scorpion replied “I am sorry, but I couldn’t resist the urge. It’s in my nature.”
For those of us who have written about the corruption of the Biden family for decades, the pardons were crushingly predictable. The President simply couldn’t resist the urge.
In a city where corruption is a cottage industry, the Bidens have long been in a league of their own, from nepotism to influence peddling to illicit lobbying.
In the influence-peddling scandal, millions were generated from foreign sources in virtual plain view.
There were the luxury hotel rooms, a diamond, a sports car, and massive payments called “loans. In the summer of 2019, one Chinese businessman wired Hunter Biden $250,000 using Joe Biden’s Delaware home as the beneficiary address.”
The sense of absolute impunity came out in shake-down communications. For example, there was the WhatsApp message to a Chinese businessman openly threatening the displeasure of Joe Biden if money was not forked over without delay. In the message, Hunter warned:
“I am sitting here with my father, and we would like to understand why the commitment made has not been fulfilled. Tell the director that I would like to resolve this now before it gets out of hand, and now means tonight. And, Z, if I get a call or text from anyone involved in this other than you, Zhang, or the Chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction. I am sitting here waiting for the call with my father.”
That sense of impunity was due to mainstream media forming a protective shell around the family. The media refused to pursue the scandal despite the Hunter Biden laptop and clear evidence of influence peddling.
In 2020, CBS News’s Lesley Stahl literally laughed mockingly at then-President Donald Trump when he raised the Hunter Biden laptop and what it revealed about the Bidens. (Yet Stahl still recently expressed confusion and alarm that people were abandoning legacy media for new media.)
Reporters assured citizens that the laptop was presumptive “Russian disinformation.” Even after the media belatedly acknowledged that it was authentic, MSNBC and Washington Post analysts were still making the claim last year.
After Republicans in the House detailed millions in payments, the media shifted to claiming that there was no real scandal unless it was shown that Joe Biden actually received money directly. It was a ridiculous claim since courts have long treated money going to family members as the same as going directly to a principal as criminal conduct.
The media continued to protect Biden, as evidence showed that Biden had repeatedly lied about not meeting with Hunter’s clients or not having knowledge of his foreign dealings.
As the media narrative continued to collapse, it latched on the promise of Biden that he would never pardon his son – proof that the President was willing to let the criminal justice system run its course.
Biden then was shown to be lying about the pardon promise. After he was forced out of the election, Biden signed a pardon for any crimes over a decade committed by his son.
The media gave muttered “harrumphs” and moved on. Many said that it was understandable for a father of a son who struggled with drugs.
Now, in the final minutes of his presidency, Biden pardoned his other allegedly implicated family members, including James Biden, Sara Jones Biden, Valerie Biden Owens, John Owens, and Francis Biden.
James Biden was previously referred for criminal charges for lying under oath to Congress as part of its investigation into the corruption scandal.
The pardons were clearly timed to avoid media scrutiny and questions. While he described the act as one of “conscience,” it was an almost mocking act of corruption.
In a strange way, it passed in Bidenworld as an honest moment. There were no claims of supporting an addicted son or dealing with a pending case. It was done in the final minutes because it was raw and obvious. There is no pretense or apology. Just good old-fashioned corruption Biden-style.
It was as honest a moment as when Biden told a friend that “no one f**ks with a Biden.” There was nothing revealing in this about Biden. He could shrug and say, “It’s in my nature.” The sting instead fell on the media, which trusted Biden not to demean it further with such an unethical and disgraceful final act.
The funny thing is that Biden made it across the river. He boarded his final flight with his family (and himself) protected by the misuse of his presidential authority. However, if he looked out the window, he could see his media allies slipping stunned beneath the waters.
If it is a democrat, they have may have a moral core; if it is a progressive/woke democrat it is doubtful that they ever had a moral core; and if it is a biden, there is no doubt…
I do not like to play psychologist at at distance, but it seems to me the driving force in Biden’s career was victimhood. After winning a Senate seat, he loses his wife and a child in a car accident. He tries 3 times to run for Presidency and each time fails miserably, at the same time he is grooming son Beau for the job-who was well on his way until dying of brain cancer. Somewhere along the line he decided that being denied the big prize, he would monetize his positions and enrich the family. A mild success (compared to Pelosi). Then the brass ring came around and his old instincts took over-they nasty old Irishman with the fake grin. No Joke.
The first thing we do, let’s
killdisbar all the unethical lawyers.I would like to see the list of licensed attorneys, doctors, etc. who have been involved in any way to protect anyone within the Biden crime family. Disbar, revoke licenses, strip security clearances, seized assets, etc.
Make Professionals Ethical Again.
I too would like to see Justice done on the perpetrators of these crimes by the Biden Syndicate but we have little in the way of ammunition to pursue unless some brilliant individual sees something that we have failed to note.
I don’t think we can rely on Providence to give us justice but any process to gain justice should be examined in a new light and other avenues pursued.
I did not see any pardons for the Mainstream Media. They were partners in crime here and should be treated as such. A full throated assault should be launched against these minions and especially their money. Take the money and they may disappear.
Also Congress can codify more clearly what is corruption and influence peddling and place laws there for action in the future.
Maybe there is room for a constitutional amendment that better defines and limits the scope of pardons, like elimination of family from the power of a pardon.
Lastly, their property was not pardoned, so seize it and make them pay millions to try to get it back.
Truly disgusting people and the Obama’s, for all their self righteousness, should be covered by the splashback of this filth.
* It is the Obama world. No one will ever escape that.
A thorough investigation independent of a criminal prosecution is not prevented by the pardon. If the dots of Biden family corruption can be connected and confirmed it should be widely publicized. Public shaming may be more apt justice for the Bidens than would be jail time, and it would be much cheaper for the U.S. taxpayer than would be prolonged trials. If, as GEB suggests, federal government seizure of Biden family property by civil asset forfeiture of ill-gotten Biden family assets is possible, it would be ironic just desserts for these miscreants.
So the logic in defense of these is that Trump is a tyrant, a “dictator on day one”, who is going to pursue his enemies in defiance of the law, and the system won’t stop him, and the “resistance” won’t stop him, and the constitution won’t stop him. But a piece of paper that says “pardon” is his kryptonite?
Hoping Professor Turley will write an article concerning the constitutionality of these preemptive pardons.
Many years ago, before the age of the internet I observed that wrt to political misbehavior or failings, no prosecution, whether by public shaming or the legal system occurred unless the story was carried in the NYT. Only if the story made the Times was it given wider disemination by the networks and the other major papers. I saw Dan Quayle at the inauguration which reminded me that his political career was ended when he misspelled potato or tomato. Bill Clinton’s misbehavior would have ended the career of any Republican but the media told us that exploitation of a subordinate staffer was only about sex which was unimportant in the conduct of a president. The Democrat party has fallen as far as it has because the media took sides and removed the guardrails for them. Like the scorpions they trusted and abetted they are drowning too.
Comer still needs to fully expose the evidence and extent of the Biden corruption, America should demand it. Impeachment with Congressional stripping of his federally funded benefits. There has to be penalties for corruption this bad or the sky is the limit, even elections are fair game. It isn’t just the Biden’s either!
The democrats and their friendly media did a great job of hiding the Biden family’s business, much to the country’s detriment. There’s the initial crime and then there’s the cover-up. Who knew what, and when?
There’s also the question of capacity — Joe is suffering from dementia and has been for years. Who has been making all of the decisions in the White House for years? Does Joe have the capacity to pardon his family?
Trump later said that he did not know about the Biden pardons because the were released while he was speaking. He also said that he would have had more to say had he known, but that there would be plenty of time later to address them.
Thank goodness he is gone. And, thank Trump for rescinding the 51 security clearances of the co-conspirators.
Why can’t a presidential pardon be rescinded or annulled…tradition or office really has lost its gravitas….im sure SCOTUS would agree the precedent to dirty tricks and bold-faced lies have tarnished the office, law and legislators…..might as well try and have the Biden quaking in their spaceboots
“Why can’t a presidential pardon be rescinded or annulled…tradition or office really has lost its gravitas….im sure SCOTUS would agree the precedent to dirty tricks and bold-faced lies have tarnished the office, law and legislators…
The powers that are Constitutionally conferred upon the President do not rely on perceived “gravitas”, or any such ephemeral attribute. The Supreme Court is not responsible for making social commentary regarding moral or ethical concerns. SCOTUS is the ultimate arbiter of whether or not legal actions comply with Federal law, primarily the Constitution. The Constitution makes no provision for rescinding or annulling Presidential pardons (who do you imagine would perform that action?), those are a one-way street. For the sake of argument, would it please you if the ~1,500 J6 protesters that President Trump just pardoned would need to look over their shoulders for the rest of their lives, wondering if their pardons were going to be revoked because of a shift in the DC political power balance?
Having said that, I would support an attempt to determine if the concept of preemptive pardons for individuals who have not been formally charged with any crime is compliant with the Constitutional power granted the President; a case that could quite possibly end up before SCOTUS, and which is compliant with their responsibilities, but I am skeptical that they would overturn such a pardon unless there was clear evidence that the Founders intended the authority to issue it to be restricted to charged crimes. I am unaware of any such evidence, and have seen no credible statements alluding to its existence.
These pardons must be challenged. I tend to agree with you that it is unlikely that they would be rescinded but there must be some parameters to the presidential pardon. For example, could a president pardon his entire staff on the way out? The pardons that trouble me more than those made for his family are those made to General Milley and a few still serving members of congress. Those people must be held accountable for the non official actions they took. Schiff received a pardon, but that doesn’t mean he can’t be impeached. The pardon only covers federal criminal acts. However, he also loses his right against self incrimination. And since he hasn’t been charged with anything, would his extend to any alleged federal crime. For what crime does he lose his rights against self-incrimination? Milley is another bad situation. Soldiers are answerable to the military’s uniform code of military justice. Does a pardon extend to that body as well, could a president simple give a blanket pardon to any soldier that served in Iraq?
“there must be some parameters to the presidential pardon”
I would very much like to see that. Unfortunately, I think that anything beyond a possible (and imo unlikely) SCOTUS ruling against preemptive pardons for uncharged offenses, this would require a Constitutional amendment constraining Presidential powers granted in Article II, Section 2.
Peter Schweizer, Miranda Devine, and Fox News stand vindicated. They knew the truth, they wrote about the truth, and they reported the truth.
Those of us who were capable of understanding what was happening with Joe Biden and his organization of crime were aware of the situation years ago. We brought it up. We were told to shut up, that we were evil, that we should be ashamed of ourselves. Biden, and his criminal family, were protected by a powerful alliance of Democrats and Media who found it expedient to protect their agenda. Worst of all, the very mechanisms government chartered with representing Justice, the Law, and, ultimately the American People turned a blind eye to this horrific abuse. Even now you wonder why the American People are so enraged and disgusted! You still don’t get it! We have the perfect evidence that the Biden family was as corrupt as we claimed, yet we have no Justice. We watch as the criminals walk away in style, mocking us with every step. Every Biden voter wears this badge of shame. Wear it proudly.
Thank you, Dr. Turley. The corporate (“legacy”) media has gotten what they deserve, finally. Nine years ago, citizen Donald Trump invented “Fake News”. The media laughed. Four years later, the term “Fake News” and the laptop were dinner time conversation. During the four-year reign of the biden crime family, America learned all too well what “Fake News” was. On November 5, 2024 the corporate (“legacy”) media had outlived its usefulness for the American public. It is no longer relevant for the vast majority of Americans. Thanks, joe!
True the MSM enabled this guy but what democrat politicians stepped step up on behalf of the people to condemn this guy? There’s only one way to stop the corruption and that’s to gut Washington and hold the wrong doer’s to the same treatment the average American faces. Last night the MSM were concerned only with the coming Trump pardons and not with the Biden Prepardons. Minutes after the president was sworn in the bureaucrats filed law suits against DOGE. The majority of Americans are in a “feel good” mode now but the battle for the America we remember is far from over.
The Biden’s, the lapdog media, AND the whole democrat party
I am in agreement with Wiseoldlawyer. While not a lawyer, I, too, question the Constitutionality of these “preemptive” pardons and look forward to Professor Turley expounding on this subject.
Agreed. I was listening to one pundit who said that though they have been given “presumptive” immunity, peeps like Fauci can still be hauled before Congress in an investigation such as the one into the origins of covid that Sen. Paul is trying so hard to determine. And what about an investigation into who was running the country? I’m sick of investigations of opposing parties, but there are some serious issues that still need some splaining. The origins of covid and Fauci’s role in it is still a burning question. Doesn’t matter if he can’t be prosecuted for any malfeasance, his name can still be tarnished forever. And Fauci cannot claim the 5th.
* There’s no language, no hook to challenge it. Joe knows of some uncharged crimes and without specifying pardoned them.
Is civil asset forfeiture an option?
The media allies are not “slipping stunned beneath the waters”. For the most part, they are just ignoring it because, unlike the frog in the parable, they always knew the real nature and corrupt character of the Bidens, all of them. The frog, in this case, made it to shore, and will live to pollute the water in the future.
BTW, I have seen little, if any, discussion as to whether these “preemptive pardons” are valid. I say they are not and I hope Pam Bondi will test them in court. They are not “pardons” at all, but simple grants of immunity, which the Constitution does not allow the President to grant. Professor, I hope you will focus on that in a future column.
The civil war and the Nixon pardons are examples of preemptive pardons. I believe the civil war pardons were upheld. The Nixon pardon was never tested.
I am not sure that Nixon’s actions wouldn’t have been covered under the recent presidential immunity standard. As the very least, it would have been much harder for a prosecutor to have compelled his staff to testify against him.
I’m with you, Wiseoldlawyer. There’s this interesting cautionary piece from 2021 that Biden’s handlers must have missed or else think they will get a pass:
https://www.lawfaremedia.org/article/could-preemptive-pardons-backfire
I would love to see Pam Bondi test the limits. And I’d love to see Senator Paul haul Fauci’s keister before his Senate committee and force him to testify further on the origins of covid. No 5th safeharbour for him.
“unlike the frog in the parable, they always knew the real nature and corrupt character of the Bidens, all of them. The frog, in this case, made it to shore, and will live to pollute the water in the future.”
I would modify your altered analogy a bit further (I’m probably stretching this a bit too far:-). The frog was mistakenly confident that both he and the scorpion could reach the far shore before the scorpion yielded to his true nature, and could then proclaim the scorpion to be noble creature, and the frog, himself, to be a hero for rescuing him. The scorpion, however, stung the frog prematurely. The scorpion drowned; the frog made it to shore, but was mortally wounded and died shortly thereafter, consumed with self-pity.
* I loved the scorpion fable , too.
Hopefully the Bondi Justice Department will take advantage of the fact that all of those people pardoned are now unable to claim the protections of the fifth amendment, since they do not face the prospect of incriminating themselves. so they can be subpoenaed by Congress or by a federal grand jury and they must give testimony, and if it is false or they refuse, then they are subject to contempt charges and the punishment of jail time and fines.
“those people pardoned are now unable to claim the protections of the fifth amendment”
I am seeing that claim in very many places, and does seem plausible, but has it ever been affirmed by a court ruling? If there is not clear precedent, I would suspect that could ultimately end up before SCOTUS on appeal, which would drag out the administration of justice. I’m just curious – I would still support the attempt, and I would be more confident that SCOTUS would affirm the premise that the Fifth Amendment protection against self-incrimination is waived by accepting a pardon, than a decision that Presidential pardons of those not yet charged with crimes is unconstitutional.
The obvious problem with the fifth amendment question is that with a “preemptive” pardon, it isn’t clear what crime the pardon is covering. If every potential federal crime from this point, backwards is covered by the pardon, then does that mean that the recipient can be compelled to testify about everything? I thought that presidential pardons required an admission of whatever crime was at issue.
It seems that when it comes to Trump, the left is willing to throw just about anything they can against the wall. First is was the long held belief that a president held absolute power for the classification/declassification of everything. Then it was an impeachment after leaving office. Then it was questioning presidential immunity. Then it was a Chairman of the Joint Chiefs withholding information from a president. Then a campaign finance violation was used by a state court as the predicate to turning a minor misdemeanor into a much of non-sensical felonies.
” I thought that presidential pardons required an admission of whatever crime was at issue. ”
Hmmm. This pretty farfetched, but I wonder if the argument could be made that, while the pardon covers all Federal crimes retroactive to the date it was issued, it cannot be accepted for any specific crime until the recipient has been accused if that crime, and admitted guilt. At which time the recipient is automatically immune to prosecution in regard to that crime, but can be issued a subpoena, and cannot plead immunity to compelled testimony.
Yeah, stay tuned to find out, maybe. There is “limited use immunity” at the federal level. Here’s an old story about it involving one of CNN’s favorite commentators: https://time.com/archive/6841269/the-law-the-immunity-game/
PROOFREADER: I think he meant pretense OF apology, not pretense OR apology