Pardon Me!
Segment # 330
I may be wrong but it has been my opinion that Trump, considering the ordeal of the past four years, never had any intention of jailing any of the folks just pardoned by Biden. I do believe Trump will insist both those receiving pardons and those indicted for crimes to admit under oath what they did. For those not covered under pardons Trump will commute their sentences after they admit what they did and take responsibility for lying to the American public. That public admission will inform the voting public for and against Trump what actually happened. It is my opinion that Trump further innoculates himself against being indicted and prosecuted after his second term.
An individual who has received a presidential pardon, such as Hunter Biden, is still required to testify honestly under oath about the circumstances of their pardoned crime if subpoenaed. A presidential pardon removes the legal consequences of the crime but does not erase the historical fact of its occurrence. Importantly:
Fifth Amendment Implications: A pardon eliminates the risk of self-incrimination for the pardoned offenses, meaning the individual cannot invoke the Fifth Amendment to avoid testifying about those crimes. This principle was upheld in Burdick v. United States, where the Supreme Court stated that a pardon removes the risk of self-incrimination for the pardoned offense
Obligation to Testify Honestly: Even after a pardon, individuals are legally obligated to provide truthful testimony under oath. Lying under oath constitutes perjury, which is a separate crime not covered by any prior pardon.
Thus, a person pardoned by President Biden must testify honestly about their pardoned crimes if required to do so under oath.
If someone pardoned by President Biden lies under oath, they can still face legal consequences for perjury, which is a separate crime from the one they were pardoned for. The presidential pardon does not protect an individual from future crimes, including lying under oath.Key points to consider:
A presidential pardon removes the legal consequences of the pardoned crime but does not erase the historical fact of its occurrence
The pardon eliminates the risk of self-incrimination for the pardoned offenses, meaning the individual cannot invoke the Fifth Amendment to avoid testifying about those crimes
Even after receiving a pardon, individuals are legally obligated to provide truthful testimony under oath
Lying under oath constitutes perjury, which is a separate crime not covered by the prior pardon
Perjury is a federal offense that can result in fines and imprisonment, regardless of any previous pardons received
Therefore, if a person pardoned by President Biden, such as Hunter Biden, were to lie under oath about the circumstances of their pardoned crime or any other matter, they could face new criminal charges for perjury. The pardon does not provide immunity for future criminal acts, including false testimony.
Yes, a person pardoned by President Biden can still face civil consequences for lying under oath. While a presidential pardon removes criminal penalties for the pardoned offense, it does not protect against civil liabilities or future criminal acts, including perjury
Key points to consider:
A presidential pardon does not erase the historical fact of the crime's occurrence
Lying under oath constitutes perjury, which is a separate offense not covered by the original pardon
Perjury can lead to both criminal and civil consequences, regardless of any previous pardons received
Civil consequences may include fines, damage to reputation, and potential disqualification from certain professional licenses or positions
The pardon does not provide immunity for future criminal acts or civil liabilities arising from false testimony
It's important to note that while a pardoned individual cannot invoke the Fifth Amendment to avoid testifying about the pardoned crimes, they are still legally obligated to provide truthful testimony under oath
Any false statements made under oath could result in new legal troubles, both criminal and civil, separate from the pardoned offenses.