The “horrible precedent” was a president threatening his political adversaries with harassment and prosecution, for the offense of opposing his criminality. Everything that follows is just a reaction to that
This made me think of the Duke lacrosse rape case where the accuser turned out to be a nut job and the prosecutor pressed the case for his own political benefit, even manipulating evidential procedures.
If the players had been convicted and sentenced, and then the North Carolina governor pardoned them, should they have said: “No, thank you, that’s an admission of guilt. We’ll sit in prison until we get a new trial.”
We don’t need to rehash the Duke case here, but it seems like an example where the pardon would be a welcome alternative to being in prison for something one didn’t do, and false and political prosecution.
At that: how about a hypothetical where it’s a death-penalty offense? So instead of just sitting there, the innocent person chooses between ’accept the pardon right as the pardoner explicitly notes that it’s not an indication of guilt’ or, if you prefer, ‘get executed.’
Just before the inauguration, it was announced that Biden has also issued blanket pardons to members of his family – his siblings James Biden, Francis Biden and Valerie Biden Owens, as well as brother-in-law John Owens and sister-in-law Sara Jones Biden.
This seems a bit . . . much? I haven’t heard that any of them are in the crosshairs of the Trump Administration.
This and all the other arguments above in a similar vein are specious. As person on death row was already convicted of a crime. So they are not innocent in the justice system. People are, intentionally or not, conflating the criminal prosecution with some kind of admission of guilt to their personal god. That’s not what this is about.
Yes, the individual judges / justices are free to make their own decisions, but many of the current (and many more in the future) were nominated by Trump because they were on the list of the Federalist Society, and can be trusted to act in a certain manor. As an example, see Judge Eileen Cannon. So while the judiciary is technically independent of the executive, they are certainly biased towards the executive that put the individuals in position.
It’s not a precedent in the sense that Trump or his supporters are going to reference it if/when issuing their own pre-emptive pardons. They most certainly will bring up Biden’s.
The judiciary is supposed to be independent of the executive branch, yes. Currently there is a good deal of evidence that is no longer the case in this country.