Posted originally on the CTH on January 20, 2025 | Sundance 

Literally minutes before he leaves office, Joe Biden just issued blanket pardons for his closest family.  Having previously pardoned Hunter Biden, the departing executive just pardoned his brothers, James and Frank, along with his sister Valerie, and their spouses.

The Biden family crime syndicate, those who engaged in the benefit of Joe Biden selling the influence of his office for financial gain, are attempting to preemptively pardon themselves from any investigation or prosecution of their criminal conduct.

White House – […] That is why I am exercising my power under the Constitution to pardon James B. Biden, Sara Jones Biden, Valerie Biden Owens, John T. Owens, and Francis W. Biden. The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. (read more)

Recent legal debate has surrounded the issue of a prosecutor who may bring an indictment against a person after they have been issued a pardon. The state may present evidence of the crime. The defendant may (or may elect not to) present exculpatory evidence or a defense and also plead the pardon.

The court might (or might not) proceed to render a verdict or judgment. If convicted, the defendant may (or may not) invoke the pardon, which prevents any criminal sentence from being issued. (i.e., the defendant may prefer obtaining a verdict of “not guilty” to a pardon.)

The defendant may be called as a witness (in another forum; and interestingly but unclear, in the subject prosecution). Following a pardon, the defendant likely cannot invoke the 5th Amendment privilege against self-incrimination, which is significant.

In the initial criminal court, it’s likely the defendant may be called as a witness, and then invoke the 5th Amendment at such trial, because the pardon has not been activated post-indictment. But this is an issue that would be contested; a lot of tactical decisions involved. I suspect that the evidence introduced at such trial (once re-authenticated) may be used in a civil trial and/or an impeachment of the defendant (despite the criminal pardon).

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