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<v Speaker 1>So much big stuff happened over the course of the

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<v Speaker 1>last twenty four I guess thirty six hours. That really

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<v Speaker 1>forty eight hours, with the Monday morning pardons from President Biden,

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<v Speaker 1>the enormous flurry of executive orders signed by President Trump.

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<v Speaker 1>I'm not even really sure where to start. I think, though,

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<v Speaker 1>I want to go through some of the pardons, both

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<v Speaker 1>the pardons on the Biden side and the pardons on

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<v Speaker 1>the Trump side. Now, let's let's go into it. The

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<v Speaker 1>pardons starting on the Biden side. So President Biden early

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<v Speaker 1>yesterday morning pardons and has a big to do about it,

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<v Speaker 1>has a big public statement on Twitter about it, declares

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<v Speaker 1>that he's going to pardon Anthony Fauci and then all

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<v Speaker 1>the members of the January sixth Committee, and make this

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<v Speaker 1>big deal about what wonderful, heroic and dedicated public servants

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<v Speaker 1>they all are. And it's a shame that he has

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<v Speaker 1>to issue this pardon. But there were threats against them

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<v Speaker 1>that he's just trying to protect them from, you know,

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<v Speaker 1>politicized prosecutions from the Trump side, And you know, these

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<v Speaker 1>were wonderful, heroic public servants who I don't think committed

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<v Speaker 1>any crimes whatsoever. But this is to provide them with protection.

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<v Speaker 1>Now you have all that, but then later on in

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<v Speaker 1>the day, you have with with far less fanfare, far

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<v Speaker 1>more sheepishly, without a lot of stirmin drong and no

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<v Speaker 1>trumpets blaring, a pardon issued for a bunch of Joe

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<v Speaker 1>Biden's family members for any criminal activities that may or

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<v Speaker 1>not any federal offense that may have taken place from

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<v Speaker 1>January first onward January first of twenty fourteen onward. And

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<v Speaker 1>yet again, this date, January first, twenty fourteen, very specifically

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<v Speaker 1>chosen lines up perfectly with the Hunter Biden pardon. I

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<v Speaker 1>feel sure that Hunter's pardon would have happened today except

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<v Speaker 1>for the fact that Hunter was looking at you know,

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<v Speaker 1>his sentencing was coming up in one of his criminal

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<v Speaker 1>cases in December, so President Biden gave him his pardon,

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<v Speaker 1>you know, as a nice little early Christmas president. Now,

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<v Speaker 1>what's going on with the Biden family. Well, let's clarify

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<v Speaker 1>what's going on. We've done this segment a lot on

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<v Speaker 1>the show, and probably this is the last time we're

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<v Speaker 1>going to do it because Biden is now the ex president.

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<v Speaker 1>He is now a very old old man. I'm betting

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<v Speaker 1>the next time we see Biden, He's going to look

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<v Speaker 1>so horrible that we're all going to guess if we

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<v Speaker 1>see him, and this is his last shot to kind

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<v Speaker 1>of protect his family on the way out, his family

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<v Speaker 1>who was very very possibly involved with criminal activity, or

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<v Speaker 1>if not criminal, at the very least incredibly sleazy and

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<v Speaker 1>shady activity. What was the business. The business that Hunter

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<v Speaker 1>and Jim were involved in was getting foreign companies to

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<v Speaker 1>give them money, with the understanding being that they would

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<v Speaker 1>get positive American foreign policy advantages to those companies by

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<v Speaker 1>virtue of the fact that Hunter's last name is Biden,

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<v Speaker 1>Jim's last name is Biden. They were selling access and

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<v Speaker 1>political favor from Joe Biden. That's what they were selling.

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<v Speaker 1>It's impossible that Joe didn't know that's what they were doing.

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<v Speaker 1>There's no way Joe met clients of Hunters. Joe was.

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<v Speaker 1>He clearly knew that there was money stuff going on.

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<v Speaker 1>We have checks written from Jim Biden to Joe Biden,

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<v Speaker 1>like two hundred thousand dollars checks for loan repayment. Loan

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<v Speaker 1>repayment allegedly a scheme so unsophisticated that basically it's just

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<v Speaker 1>Jim giving Joe Biden two hundred thousand dollars just writing

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<v Speaker 1>on the bottom of the check in the memo line

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<v Speaker 1>loan repayment, because then it's not weird. So that was

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<v Speaker 1>the business. That was the deal. That was the long

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<v Speaker 1>and short of it. Sell access to Joe Biden at best,

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<v Speaker 1>sell the appearance of access in the best case scenario.

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<v Speaker 1>What can you say about this, Well, the very best

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<v Speaker 1>case scenario that you can say about all this is

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<v Speaker 1>that it was shady and sleazy and corrupt. The best

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<v Speaker 1>case you can say is that they were selling the

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<v Speaker 1>appearance of access even though they couldn't actually get Biden

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<v Speaker 1>to do anything. Except for this, Joe Biden was often

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<v Speaker 1>the head of Obama administration foreign policy. The time frame

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<v Speaker 1>when these pardons run it covers twenty fourteen to January.

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<v Speaker 1>It includes in its ambit January of twenty fourteen through

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<v Speaker 1>twenty seventeen, the end of Biden's second term as Vice president,

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<v Speaker 1>when he was overseeing foreign policy for countries like Ukraine.

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<v Speaker 1>One of the big things the Obama administration was trying

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<v Speaker 1>to promote through its European and especially it's Eastern European

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<v Speaker 1>foreign policy was various kinds of anti corruption effort. Hey

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<v Speaker 1>Eastern Europe, you get American foreign aide, you benefit from

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<v Speaker 1>the United States or any of you countries that are

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<v Speaker 1>not directly in the ambit of Russia. You need to

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<v Speaker 1>clean up your government corruption, clean up your government practices,

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<v Speaker 1>et cetera. So what seems to have happened, and the

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<v Speaker 1>Barisma case with Hunter Biden seems to be the classic

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<v Speaker 1>example of this. You had these countries where anti corruption

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<v Speaker 1>efforts were taking place. Sorry sounding like OURFKA junior right now,

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<v Speaker 1>you have these countries where anti corruption efforts are taking place.

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<v Speaker 1>The Biden administration, the Obama administration rather is pushing these

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<v Speaker 1>anti corruption efforts. These individual companies that maybe they are corrupt,

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<v Speaker 1>maybe they're not, want to keep themselves protected from crackdowns

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<v Speaker 1>pushed by the Obama administration and directed by the government,

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<v Speaker 1>so they give money to Hunter, they give money to

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<v Speaker 1>Jim so that their companies aren't subject to various kinds

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<v Speaker 1>of anti corruption investigations. And that's precisely what happened with Barisma,

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<v Speaker 1>the Ukrainian energy company that Hunter Biden was on the

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<v Speaker 1>board of. So it's very it's a very clear setup. Now,

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<v Speaker 1>were crimes committed in all of this, I think so

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<v Speaker 1>I think there is very good evidence that money laundering

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<v Speaker 1>took place. These different Biden family members, Hunter, Jim, etcetera.

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<v Speaker 1>Were setting up all these different companies and corporations and

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<v Speaker 1>lcs and this and that to shift the money around

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<v Speaker 1>to this to this, to this to this to this,

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<v Speaker 1>to make the trail of money extremely difficult to track.

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<v Speaker 1>I don't know. I've never had to do that for

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<v Speaker 1>any of my employment. Just hey, direk deposit there, we

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<v Speaker 1>go easypsy have a salary. The likelihood that Jim and

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<v Speaker 1>Hunter Biden were in violation of what's called farah, the

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<v Speaker 1>federal registration of the Foreign Agent Registration Act. That's what

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<v Speaker 1>it is, Foreign Agent Registration Act. Basically, if you are

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<v Speaker 1>an American citizen and you are working, your work is

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<v Speaker 1>being done as an advocate, as a lobbyist basically on

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<v Speaker 1>behalf of another country. That's okay to do, but you

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<v Speaker 1>have to register as a foreign agent. Jim and Joe A,

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<v Speaker 1>Jim and Hunter never did. I think it's very likely

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<v Speaker 1>that they committed crimes in that regard. They were working

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<v Speaker 1>on behalf of all these different companies, in all these

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<v Speaker 1>different companies in foreign countries. So and a lot of

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<v Speaker 1>this activity was happening from twenty fourteen to twenty seventeen.

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<v Speaker 1>So Joe, I think knew one hundred percent that this

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<v Speaker 1>was going on. He had to have known the whole

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<v Speaker 1>basis for this business, that this whole business scheme that

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<v Speaker 1>Hunter and Jim were doing, Joe was the essential linchpin

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<v Speaker 1>of it all. Without Joe as the product to be sold,

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<v Speaker 1>the business doesn't work, It doesn't happen these other because

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<v Speaker 1>basically what was happening. You had clear money going one

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<v Speaker 1>way towards the bidens. You did not have a clear

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<v Speaker 1>and obvious good or service going back the other way

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<v Speaker 1>to those companies. So, as a result, Gym's off the hook.

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<v Speaker 1>Biden's other siblings are off the hook. And it's also

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<v Speaker 1>a question of like, were these other siblings, like other

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<v Speaker 1>family members were in receipt of this money, so are

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<v Speaker 1>they now part of a chain of the sort of

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<v Speaker 1>the chain length of money being passed on that was

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<v Speaker 1>basically money laundering. Well, at this point, I wonder if

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<v Speaker 1>we're ever gonna really know all these Biden family members

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<v Speaker 1>get pardoned and as a result, none of them are

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<v Speaker 1>going to go to jail, None of them are gonna

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<v Speaker 1>get it prosecuted. Probably a lot of these crimes were

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<v Speaker 1>past the statute of limitations anyway. You know, a lot

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<v Speaker 1>of this stuff was happening in twenty fourteen, twenty fifteen,

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<v Speaker 1>twenty sixteen. You got to bring your charges for some

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<v Speaker 1>of these things with in you know, five or six years,

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<v Speaker 1>and probably the statute of limitations had passed already for

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<v Speaker 1>a lot of this stuff. So we may be pasts that.

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<v Speaker 1>And it's kind of the cherry on top of the

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<v Speaker 1>Sunday of the Biden era. I think the Left really, really,

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<v Speaker 1>really wanted to have this sense of moral superiority about

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<v Speaker 1>its governance, to say that Trump was a bad guy,

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<v Speaker 1>Trump was sleazy, Trump was corrupt, Trump did bad things,

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<v Speaker 1>and January sixth being the worst thing of all, and

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<v Speaker 1>they wanted to be able to point to Biden as

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<v Speaker 1>let's have a return to normalcy, let's have a return

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<v Speaker 1>to responsible, good, decent Obamaian government. And what better way

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<v Speaker 1>to return to the Obama model than by electing his

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<v Speaker 1>vice president Joe Biden. What a good guy, what a

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<v Speaker 1>good solid man. And everyone bought into this idea that

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<v Speaker 1>Joe Biden was a good guy because everyone felt sorry

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<v Speaker 1>for him after the death of his son Bo. And

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<v Speaker 1>it turns out Biden is what he always was. A mediocrity,

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<v Speaker 1>a moral mediocrity, an intellectual mediocrity, a governing mediocrity. In fact,

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<v Speaker 1>when you and then when you elevate someone who's a

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<v Speaker 1>mediocrity like that into these extremely high positions, he becomes

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<v Speaker 1>far less, far worse than a mediocrity. He was a

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<v Speaker 1>train wreck. He was a train wreck, he was corrupt,

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<v Speaker 1>he was venal, he was a jerk, and the simple

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<v Speaker 1>venality of wanting money. Now he has to do this

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<v Speaker 1>embarrassing thing. And apparently their Democrat senators really ticked off

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<v Speaker 1>at this. I don't know why they're ticked off, as

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<v Speaker 1>if that like the only reason you'd be ticked off

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<v Speaker 1>is if you were surprised. I was not surprised at

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<v Speaker 1>this pardon of the family members. I was sure it

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<v Speaker 1>was going to happen all along. It doesn't make any

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<v Speaker 1>sense to pardon Hunter and not pardon Jim. Jim was

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<v Speaker 1>doing the same stuff Hunter was doing. It's all the

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<v Speaker 1>same stuff. Now when we return two things, One the

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<v Speaker 1>benefits of being immune from prosecution. Two, how this could

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<v Speaker 1>actually help facilitate a real investigation into what were the

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<v Speaker 1>Bidens actually doing all this time. That's next on the

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<v Speaker 1>John Girardi Show. Two things I want to point out

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<v Speaker 1>after these Hunter Biden pardons, and now President Trump has

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<v Speaker 1>issued similar partons to all the January sixth defendants. But

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<v Speaker 1>I want to talk about these two things with the

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<v Speaker 1>Hunter Biden partons. One with the Hunter Biden parton, well,

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<v Speaker 1>actually the rest of the Biden family, excuse me, the

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<v Speaker 1>rest of the Biden family pardons at least to two things. One,

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<v Speaker 1>what does criminal immunity mean? The good and the bad?

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<v Speaker 1>So let's talk about what criminal immunity means that's good

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<v Speaker 1>and bad or maybe that's good for the person receiving

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<v Speaker 1>it and bad as far as for them that they

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<v Speaker 1>might have to now testify about stuff. So the left

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<v Speaker 1>refuse the left has been so angry about the idea

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<v Speaker 1>of immunity in the context of President Trump. Okay here,

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<v Speaker 1>So President Trump's been going through this Manhattan Deal, his

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<v Speaker 1>prosecution in man for falsification of business records in furtherance

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<v Speaker 1>of some felony that we don't actually define with regards

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<v Speaker 1>to the non disclosure agreement he got Stormy Daniels to sign,

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<v Speaker 1>which I still don't think he violated the law at

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<v Speaker 1>all with regards to it. I don't think it was.

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<v Speaker 1>I know it was not illegal to ask someone to

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<v Speaker 1>sign a non disclosure agreement. I know it was not

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<v Speaker 1>illegal for him not to report it as a campaign expense.

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<v Speaker 1>It's not a campaign expense. I'm not sure that it

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<v Speaker 1>was even unlawful to characterize, basically, to characterize his payment

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<v Speaker 1>of money to Michael Cohen. So Stormy Daniels signs the

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<v Speaker 1>non disclosure agreement, she says, I won't talk about this

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<v Speaker 1>affair that we allegedly had in exchange for money, Michael

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<v Speaker 1>Cohen pays her. Trump pays back Michael Cohen. Trump characterizes

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<v Speaker 1>the payments to Michael Cohen as attorney's fees rather than

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<v Speaker 1>load repayment. That is the crime. Allegedly, It wasn't hush

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<v Speaker 1>money was the crime. No, it was characterizing his repayment

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<v Speaker 1>to Michael Cohen as attorney's fees rather than loan repayment.

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<v Speaker 1>I'm not sure that it's even inaccurate to call it

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<v Speaker 1>attorney's fees, let alone to say that it's falsification of

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<v Speaker 1>business records and furtherance of a felony. Now, in all

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<v Speaker 1>of that, in the midst of this, in the midst

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<v Speaker 1>of Trump being found guilty by a jury in Manhattan

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<v Speaker 1>over this, after the judge one Merchon, who was himself

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<v Speaker 1>a was he a Biden or a Harris donor? I

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<v Speaker 1>believe he was a Biden donor, like a small dollar donor,

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<v Speaker 1>which why a judge would do that seems beyond me.

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<v Speaker 1>Just to give a little bit of money seems ridiculous.

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<v Speaker 1>And whose daughter, Judge Murchon's daughter was like a campaign

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<v Speaker 1>fundraiser for Kamala Harris. Judge Murchon ruled against Trump every

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<v Speaker 1>single step of the way and the whole trial. He

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<v Speaker 1>was ridiculous in ways that I think genuinely disadvantaged Trump

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<v Speaker 1>and led to his conviction. Allowed in evidence that was

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<v Speaker 1>not pertinent to the case, that was highly prejudicial against

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<v Speaker 1>Trump without really being probative towards the actual charge, Like

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<v Speaker 1>that he brought Stormy. He allowed the prosecution to bring

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<v Speaker 1>Stormy Daniels in to testify about their relationship. That wasn't

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<v Speaker 1>the crime. The crime was did you falsify the business records?

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<v Speaker 1>Did you miss characterize it as loan repayment versus legal fees?

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<v Speaker 1>Her testifying about the nature of their relationship and then

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<v Speaker 1>dropping all of a sudden without ever telling anyone before

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<v Speaker 1>this new version of what their relationship was like, and

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<v Speaker 1>then saying that, oh, it was non consensual, which she

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<v Speaker 1>had never claimed at any point up to then. Anyway,

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<v Speaker 1>the jury finds Trump guilty. Trump's not actually convicted until

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<v Speaker 1>a sentence is entered against him. And between the jury

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<v Speaker 1>finding him guilty and the sentencing, what do you know?

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<v Speaker 1>The Supreme Court issues a new ruling on the immunity

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<v Speaker 1>that a president enjoys after leaving office. Basically, you cannot

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<v Speaker 1>prosecute a president for his official acts, and you cannot

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<v Speaker 1>use evidence of his official acts against him. You cannot

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<v Speaker 1>use his official acts as evidence in a subsequent proceeding

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<v Speaker 1>against the president. What's official acts? Well, that's not one

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<v Speaker 1>hundred percent clear one hundred percent of the time, But

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<v Speaker 1>discussions with his cabinet, those are official acts. He is

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<v Speaker 1>immune from prosecution. And when we say immune from prosecution,

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<v Speaker 1>that the benefit of that is not just the benefit

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<v Speaker 1>of you're not going to get convicted. The benefit of

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<v Speaker 1>immunity is a benefit of you don't even have to

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<v Speaker 1>face a trial. You don't even have to face an indictment.

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<v Speaker 1>You're not going to be subjected to any legal action whatsoever.

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<v Speaker 1>You don't have to go through the stress, the worry,

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<v Speaker 1>the anxiety, the difficulty of a trial. You don't have to.

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<v Speaker 1>So that's the beneficial side. That's the benefit of immunity.

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<v Speaker 1>That's precisely what Biden is wanting with all these pardons

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<v Speaker 1>he's issuing. Even for Anthony Fauci and Lynn Cheney and

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<v Speaker 1>the January sixth Committee, a lot of people were trying

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<v Speaker 1>to make the argument and had some decent arguments that

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<v Speaker 1>Lynn Cheney engaged in witness tampering, which would be a crime,

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<v Speaker 1>witness tampering for her work on the January sixth Committee

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<v Speaker 1>to get people to change their stories to make them

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<v Speaker 1>more negative against Trump, which if true, could be criminal. Well,

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<v Speaker 1>Lynn Cheney doesn't have to worry about any of that

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<v Speaker 1>crap now she received a pardon from Biden, and that

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<v Speaker 1>pardon gives her immunity. Not just like if she she'll

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<v Speaker 1>go to trial and during the trial they'll say, well,

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<v Speaker 1>President Trump partoned her, so she's not going to get convicted. No,

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<v Speaker 1>the pardon prevents her from ever having to face an

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<v Speaker 1>indictment to begin with. It prevents her the same with

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<v Speaker 1>Anthony Fauci. That's the benefit of immunity. So here's President

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<v Speaker 1>Trump who actually has who has immunity from these things,

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<v Speaker 1>and Judge murch On just, eh, I ignore it. I'm

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<v Speaker 1>gonna continue with the sentencing in spite of the fact

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<v Speaker 1>that a bunch of the evidence from your Manhattan trial

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<v Speaker 1>came from official acts or very arguably came from official acts. Now,

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<v Speaker 1>I'm just gonna keep up. You can just carry on

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<v Speaker 1>with our sentencing hearing. No, No, that's ridiculous. Trump is

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<v Speaker 1>being subjected to all these harms when he has immunity,

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<v Speaker 1>including by the way, now that a sentence of no

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<v Speaker 1>time has been entered against President Trump, he is a

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<v Speaker 1>convicted felon, and that puts limits on like there are

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<v Speaker 1>a bunch of foreign countries that don't let him travel

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<v Speaker 1>that a lot of foreign countries will not let someone

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<v Speaker 1>into the country if they have a felony conviction in

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<v Speaker 1>their home country. So Trump's gonna have to go through

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<v Speaker 1>all this like rigmarole through the State Department, all this

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<v Speaker 1>diplomatic rigmarole for these different countries to grant an exception

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<v Speaker 1>so that he can come travel to their countries. So anyway,

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<v Speaker 1>the Biden pardons are ridiculous. I think they in some

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<v Speaker 1>cases they were needed because these people committed a bunch

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<v Speaker 1>of crimes. Now, when we return, I want to talk

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<v Speaker 1>about is the power. Is the pardon power out of control?

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<v Speaker 1>Should we amend the constitution to stop it or limit it?

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<v Speaker 1>That's next on the John Girardi Show. We had a

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<v Speaker 1>flurry of pardons yesterday. President Trump issued pardons for I

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<v Speaker 1>believe it was all of the January sixth defendants. President

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<v Speaker 1>Biden issued pardons for the members of the January sixth

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<v Speaker 1>Committee and Lynn Cheney. He also issued pardons for a

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<v Speaker 1>bunch of his family members. And I've gotten a lot

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<v Speaker 1>of sort of common questions, and I'll give some common answers.

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<v Speaker 1>I guess to the pardon power, and I want to

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<v Speaker 1>sort of publicly sort of speculate, roll around in my

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<v Speaker 1>mind if the pardon power has gone too far so

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<v Speaker 1>and should there be some amending of the Constitution with

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<v Speaker 1>regards to the pardon power. Now, some people have asked me,

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<v Speaker 1>how can President Biden pardon his family members who when

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<v Speaker 1>they haven't even been charged for any crimes yet, just

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<v Speaker 1>just for anything they possibly could have done. That doesn't

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<v Speaker 1>seem right, That doesn't seem fair. And the answer is, well, yes,

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<v Speaker 1>that you can do that. You can pardon people for

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<v Speaker 1>stuff they haven't been charged with yet. The most famous

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<v Speaker 1>instance of this probably was Gerald Ford pardoning Richard Nixon

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<v Speaker 1>for anything having to do with Watergate. Nixon had been

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<v Speaker 1>investigated for Watergate. There had been an impeachment inquiry about Watergate.

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<v Speaker 1>The impeachment committee, I guess it was the House Shary Committee.

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<v Speaker 1>The House committee investigating it had found a lot of evidence,

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<v Speaker 1>but he hadn't been subject to any criminal action whatsoever yet, right,

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<v Speaker 1>no one had, you know, there was no prosecutors involved.

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<v Speaker 1>Nixon was not subject to any kind of criminal action

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<v Speaker 1>for Watergate as of yet. And Ford I think very wisely.

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<v Speaker 1>I think this was a very wise decision on his part.

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<v Speaker 1>Ford basically said, we need to turn the page on

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<v Speaker 1>this episode of history as a country, and he just

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<v Speaker 1>flat out pardoned Nixon for anything having to do with Watergate.

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<v Speaker 1>And that was that. Jimmy Carter had a similarly famous pardon.

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<v Speaker 1>He pardoned all the Vietnam War draft dodgers. He said, listen,

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<v Speaker 1>we need to turn the page on Vietnam. I'm just

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<v Speaker 1>partoning everyone who you know, dodged the draft during the

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<v Speaker 1>Vietnam War, and this includes people who were not yet

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<v Speaker 1>charged with anything. Okay, Nixon was not charged with anything

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<v Speaker 1>for Watergate. Most of the Vietnam Draft dodgers had not

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<v Speaker 1>yet been subject to any kind of criminal action. They

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<v Speaker 1>were pardoned, and that gives them immunity from prosecution. The

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<v Speaker 1>pardon power is this kind of awesome thing that the

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<v Speaker 1>presidency has. It's actually, in fact a holdover from the

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<v Speaker 1>British monarchy. Okay, let's recall here in the United States,

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<v Speaker 1>we used to be a British possession. The crown had

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<v Speaker 1>the prerogative to pardon people for criminal offenses. The King

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<v Speaker 1>of England, King Charles, can grant acts of clemency for

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<v Speaker 1>people who commit crimes, and the monarch has done this

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<v Speaker 1>for centuries. In fact, I remember learning about this law school.

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<v Speaker 1>One kind of pardon that the Crown would very often

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<v Speaker 1>give was for voluntary manslaughter. So voluntary manslaughter basically was

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<v Speaker 1>you come home, you find your wife sleeping with another man,

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<v Speaker 1>and you're so overcome with fury that you you shoot him,

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<v Speaker 1>and you're struck by some immediate sort of traumatic like

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<v Speaker 1>emotional thing that triggers you. You don't have a cooling

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<v Speaker 1>down period. You kill somebody. Queen Victoria was often called

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<v Speaker 1>upon to pardon people and so that that's called voluntary manslaughter. Okay,

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<v Speaker 1>so it's not quite murder because there's no premeditation. And

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<v Speaker 1>Queen Victoria eventually said, I'm not gonna do these kinds

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<v Speaker 1>of pardons because very often it's women getting killed in them,

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<v Speaker 1>and like, what, I'm sorry, Like maybe these women did

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<v Speaker 1>a bad thing, maybe they were subjected to someone else

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<v Speaker 1>doing a bad thing or something. I don't think these

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<v Speaker 1>people deserve to be killed, and I think it's okay

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<v Speaker 1>to prosecute these people who engage in that kind of

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<v Speaker 1>a violent reaction with some kind of criminal proceeding. So

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<v Speaker 1>Queen Victoria actually didn't like pardoning people for certain kinds

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<v Speaker 1>of things. Anyway, the pardon power was this royal prerogative,

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<v Speaker 1>and in the American Constitution they discussed the idea of

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<v Speaker 1>having the president wield this power for people who committed

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<v Speaker 1>federal crimes, and the governors of the various state also

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<v Speaker 1>have the pardon power. All the various state constitutions give

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<v Speaker 1>their state governors the pardon to power people for violations

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<v Speaker 1>of state crimes. So that's an important distinction. The president

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<v Speaker 1>only has pardon power over people who commit federal offenses.

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<v Speaker 1>So a crime in the District of Columbia or some

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<v Speaker 1>interstate crime a violation of a federal statue. Governors can

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<v Speaker 1>pardon people for state crimes. Now beyond pardoning, sort of

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<v Speaker 1>a logical corollary of the pardon power. If you can

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<v Speaker 1>completely wipe away someone's criminal conviction and sentence, then you

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<v Speaker 1>can also partially wipe away someone's criminal sentence or conviction. Obviously,

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<v Speaker 1>if you have the power to do this really large

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<v Speaker 1>scale thing, you can. You clearly would have the power

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<v Speaker 1>to do something on a smaller scale as well, So

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<v Speaker 1>a president can, as President Biden did, declare, Okay, your

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<v Speaker 1>sentence to death, I'm going to commute your sentence to

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<v Speaker 1>life imprisonment. President Biden did this in a completely ethically

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<v Speaker 1>incoherent way with regards to all of the people on

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<v Speaker 1>the federal death penalty, all the people on federal death

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<v Speaker 1>row except for three people who are just really bad guys,

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<v Speaker 1>the Boston marathon bomber and then a couple people involved

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<v Speaker 1>in race related shootings. Well, because terrorism and race related

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<v Speaker 1>shootings are really bad, Okay, Well, then clearly Biden does.

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<v Speaker 1>This was the thing Biden had said for his whole

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<v Speaker 1>career that he didn't believe in the death penalty, that

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<v Speaker 1>he opposed the death penalty, And now he's saying, well,

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<v Speaker 1>I oppose the death penalty, but I think we need

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<v Speaker 1>to keep the death penalty in place for really really

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<v Speaker 1>bad cases like race related shootings and terrorism. Okay, well,

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<v Speaker 1>then you don't oppose the death penalty. Then either you

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<v Speaker 1>oppose the death penalty or you don't oppose the death penalty.

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<v Speaker 1>You don't really oppose the death penalty if you just say, oh,

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<v Speaker 1>I oppose the death penalty except for these really really

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<v Speaker 1>rare cases, and then you don't oppose the death penalty.

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<v Speaker 1>What kind of silliness is this? Anyway, So that's the

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<v Speaker 1>pardon power, and it's really enormous, and people have started

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<v Speaker 1>to look at the fact that, well, there's kind of

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<v Speaker 1>a flaw there if you use the pardon power in

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<v Speaker 1>a corrupt way, If you use the pardon power and in

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<v Speaker 1>the kind of blanket way, could a president just have

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<v Speaker 1>somebody like a member of his family or something committing

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<v Speaker 1>all sorts of crimes, just crime after crime after crime

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<v Speaker 1>after crime after crime, for his entire presidency, and then

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<v Speaker 1>just at the end of the presidency just say, oh,

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<v Speaker 1>I'm pardoning you could a president just on an ongoing

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<v Speaker 1>basis just keep pardoning his wayward family member. Oh well,

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<v Speaker 1>I'm missuing another. Here's my January pardon for my brother

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<v Speaker 1>for all of his violations of federal drug crimes. Here's

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<v Speaker 1>my February pardon for my brother for all of his

415
00:30:55.039 --> 00:30:57.440
<v Speaker 1>violations of federal drug crimes. No, we don't have an agreement.

416
00:30:58.200 --> 00:31:02.559
<v Speaker 1>I just keep pardoning him. Where does it stop? Where

417
00:31:02.640 --> 00:31:06.759
<v Speaker 1>does it really? It's a pretty open ended power. It's

418
00:31:06.839 --> 00:31:12.480
<v Speaker 1>pretty limited, and it calls for assumes, begs for demands

419
00:31:15.839 --> 00:31:22.200
<v Speaker 1>good faith on the part of the partner. Now, in America,

420
00:31:22.279 --> 00:31:25.319
<v Speaker 1>we hate the idea of something being left to good faith.

421
00:31:28.640 --> 00:31:32.480
<v Speaker 1>We are distrustful of the idea that any government. This

422
00:31:32.519 --> 00:31:35.400
<v Speaker 1>is an assumption that's really kind of baked into the

423
00:31:35.440 --> 00:31:38.279
<v Speaker 1>federalist papers, the anti federalist papers, and as a result,

424
00:31:38.319 --> 00:31:42.279
<v Speaker 1>kind of baked into the Constitution. We assume public officials

425
00:31:42.960 --> 00:31:51.119
<v Speaker 1>won't exercise good faith. We put in place mechanisms to

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00:31:51.799 --> 00:31:59.200
<v Speaker 1>safeguard us from government officials not exercising good faith. This

427
00:31:59.279 --> 00:32:03.359
<v Speaker 1>is a frequent feature that's what the whole system of

428
00:32:03.400 --> 00:32:09.680
<v Speaker 1>checks and balances is for. You have the various ways

429
00:32:09.680 --> 00:32:12.799
<v Speaker 1>in which the legislature can check the executive, the judicial branch,

430
00:32:12.799 --> 00:32:16.000
<v Speaker 1>cantect both, and blah blah blah blah blah, because you

431
00:32:16.039 --> 00:32:19.240
<v Speaker 1>don't want any one of those three powers to get

432
00:32:19.279 --> 00:32:27.079
<v Speaker 1>too big to start acting in an oppressive fashion. So

433
00:32:27.640 --> 00:32:31.680
<v Speaker 1>we have a really underdeveloped idea of good faith on

434
00:32:31.759 --> 00:32:39.200
<v Speaker 1>the part of people who wield political power. So this

435
00:32:40.200 --> 00:32:42.880
<v Speaker 1>leads me to ask the question that I've heard other

436
00:32:42.960 --> 00:32:48.160
<v Speaker 1>conservative commentators ask, is this an area where maybe the

437
00:32:48.240 --> 00:32:51.799
<v Speaker 1>Constitution could or should be amended? Because you'd have to

438
00:32:51.799 --> 00:32:55.839
<v Speaker 1>amend the constitution. This part power to pardon is in

439
00:32:55.880 --> 00:32:59.880
<v Speaker 1>the Constitution. You can't change it. You can't limit the

440
00:33:00.000 --> 00:33:07.440
<v Speaker 1>president's pardon power by means of a statute. Is there

441
00:33:07.480 --> 00:33:10.519
<v Speaker 1>a way you limit it? Or do you just accept, well,

442
00:33:11.759 --> 00:33:15.640
<v Speaker 1>we're gonna get some bad with some good, and the

443
00:33:15.680 --> 00:33:19.799
<v Speaker 1>ability of a president to sort of right wrongs through

444
00:33:19.839 --> 00:33:27.200
<v Speaker 1>the pardon power is so much more beneficial than the

445
00:33:27.279 --> 00:33:31.599
<v Speaker 1>ability to absolve people who did bad things could be.

446
00:33:32.880 --> 00:33:37.400
<v Speaker 1>Maybe that's the position most Americans are going to take.

447
00:33:37.440 --> 00:33:41.319
<v Speaker 1>I don't know, to amend the Constitution in order to

448
00:33:41.359 --> 00:33:44.880
<v Speaker 1>limit the pardon power, Like any amending of the Constitution

449
00:33:44.920 --> 00:33:50.920
<v Speaker 1>would be really extremely difficult. You need two thirds majorities

450
00:33:50.920 --> 00:33:52.799
<v Speaker 1>in both houses and three quarters of all the state

451
00:33:52.880 --> 00:33:55.119
<v Speaker 1>legislators to do it. I don't know. Maybe after this

452
00:33:55.200 --> 00:33:57.759
<v Speaker 1>round of Biden partons you could get some Republicans on board.

453
00:33:58.039 --> 00:34:02.759
<v Speaker 1>Maybe after Trump pardoning all the January sixth defendants you

454
00:34:02.880 --> 00:34:11.320
<v Speaker 1>get some Democrats on board. I think it's an interesting

455
00:34:11.400 --> 00:34:15.719
<v Speaker 1>question though, like, is this too much of an unchecked power,

456
00:34:15.760 --> 00:34:18.480
<v Speaker 1>a power within the Constitution that relies too much on

457
00:34:18.719 --> 00:34:21.559
<v Speaker 1>good faith on the part of the office wield or

458
00:34:21.639 --> 00:34:25.159
<v Speaker 1>someone exercising restraint if you want. I hate using the

459
00:34:25.199 --> 00:34:30.320
<v Speaker 1>word common sense, but if you want common sense, is

460
00:34:30.360 --> 00:34:32.599
<v Speaker 1>this something that should be reviewed now? When we return,

461
00:34:32.679 --> 00:34:36.239
<v Speaker 1>I almost didn't even talk about this, the insane Biden

462
00:34:36.400 --> 00:34:39.679
<v Speaker 1>effort to just amend the Constitution by FIAT. Why the

463
00:34:39.719 --> 00:34:42.360
<v Speaker 1>Equal Rights Amendment is not part of the Constitution. Next

464
00:34:42.360 --> 00:34:46.159
<v Speaker 1>on the John Jruardy Show, I can't believe I went

465
00:34:46.199 --> 00:34:49.760
<v Speaker 1>the whole show without talking about President Biden trying to

466
00:34:49.800 --> 00:34:56.039
<v Speaker 1>amend the Constitution via tweet. So President Biden said, I recognized,

467
00:34:56.079 --> 00:34:59.079
<v Speaker 1>I'm gonna express my long held view that the Equal

468
00:34:59.199 --> 00:35:01.960
<v Speaker 1>Rights Amendment part of the Constitution of the United States.

469
00:35:01.960 --> 00:35:07.960
<v Speaker 1>This is the twentieth Amendment. So Biden just says, I

470
00:35:08.039 --> 00:35:12.920
<v Speaker 1>think that the Equal Rights Amendment should now be considered

471
00:35:13.000 --> 00:35:15.880
<v Speaker 1>part of the Constitution. Let me explain what this is

472
00:35:15.880 --> 00:35:19.039
<v Speaker 1>for those who don't know. In the seventies, this effort

473
00:35:19.079 --> 00:35:22.400
<v Speaker 1>to introduce a new constitutional amendment got off the ground

474
00:35:22.639 --> 00:35:27.239
<v Speaker 1>called the Equal Rights Amendment. It's very short. It just says,

475
00:35:27.719 --> 00:35:30.199
<v Speaker 1>equality of rights under the law shall not be denied

476
00:35:30.239 --> 00:35:32.280
<v Speaker 1>or abridged by the United States or by any state

477
00:35:32.320 --> 00:35:35.079
<v Speaker 1>on account of sex. The Congress shall have the power

478
00:35:35.119 --> 00:35:37.840
<v Speaker 1>to enforce, by appropriate legislation, the provisions of this article.

479
00:35:37.880 --> 00:35:39.880
<v Speaker 1>The Amendment shall take effect two years after the date

480
00:35:39.920 --> 00:35:48.960
<v Speaker 1>of ratification. Now, at first, when this was introduced, it

481
00:35:49.000 --> 00:35:50.360
<v Speaker 1>was like a slam dunk that it was going to

482
00:35:50.360 --> 00:35:52.880
<v Speaker 1>be adopted into the Constitution. All these states were the

483
00:35:53.039 --> 00:35:56.960
<v Speaker 1>two thirds majorities in both houses of Congress. Democrats Republicans

484
00:35:56.960 --> 00:35:59.800
<v Speaker 1>supported it. Then Phyllis Schlafley came along and said, hey,

485
00:36:00.280 --> 00:36:02.480
<v Speaker 1>you guys, realize how this is going to be interpreted

486
00:36:02.480 --> 00:36:05.559
<v Speaker 1>in the courts. It's going to be interpreted to say

487
00:36:05.719 --> 00:36:10.639
<v Speaker 1>legal abortion is now right there inside the Constitution. Even

488
00:36:10.679 --> 00:36:15.920
<v Speaker 1>more so than Row it's going to be interpreted to

489
00:36:15.960 --> 00:36:21.559
<v Speaker 1>eliminate differences between men and women, to eliminate women's only spaces.

490
00:36:22.559 --> 00:36:25.679
<v Speaker 1>It's going to say separate but equal for accommodations for

491
00:36:25.719 --> 00:36:27.559
<v Speaker 1>men and women are no good. It's going to eliminate

492
00:36:27.599 --> 00:36:29.840
<v Speaker 1>womens sports. Blah blah blah blah blah. And she was

493
00:36:29.920 --> 00:36:33.360
<v Speaker 1>sort of mocked. But in fact, a lot of these

494
00:36:33.360 --> 00:36:36.440
<v Speaker 1>cultural changes did in fact happen as Phylischlafley called them,

495
00:36:36.840 --> 00:36:41.119
<v Speaker 1>and as a result, conservatives were like, whoa why are

496
00:36:41.159 --> 00:36:46.079
<v Speaker 1>we rushing to pass this era? Conservatives all flipped to

497
00:36:46.119 --> 00:36:51.039
<v Speaker 1>be against it, and so to be ratified as part

498
00:36:51.039 --> 00:36:54.199
<v Speaker 1>of the constitution, a proposed constitutional amendment needs again two

499
00:36:54.280 --> 00:36:57.840
<v Speaker 1>thirds majorities in both houses three quarters of the state legislatures,

500
00:36:57.840 --> 00:37:00.519
<v Speaker 1>so you need thirty eight of the state legislatures. It

501
00:37:00.559 --> 00:37:03.800
<v Speaker 1>never got to thirty eight. In fact, the preamble of

502
00:37:04.000 --> 00:37:08.199
<v Speaker 1>this proposed constitutional amendment said we need to get three

503
00:37:08.280 --> 00:37:11.880
<v Speaker 1>quarters of the states to ratify this within seven years.

504
00:37:12.639 --> 00:37:16.679
<v Speaker 1>It didn't get it. Now, after that seven year ratification window,

505
00:37:16.760 --> 00:37:18.639
<v Speaker 1>a bunch of liberals tried to argue, well, the seven

506
00:37:18.679 --> 00:37:25.679
<v Speaker 1>year ratification window doesn't matter, and so they kept having

507
00:37:25.719 --> 00:37:29.719
<v Speaker 1>states ratify the Equal Rights Amendment. Some states had de

508
00:37:30.000 --> 00:37:35.920
<v Speaker 1>ratified their prior ratification of the Equal Rights Amendment. Also said, wait,

509
00:37:35.960 --> 00:37:38.039
<v Speaker 1>we had ratified it before, but now we realize this

510
00:37:38.079 --> 00:37:41.960
<v Speaker 1>as bats, we're unratifying ourselves. So in twenty twenty, Virginia

511
00:37:42.079 --> 00:37:44.360
<v Speaker 1>ratified it and became the thirty eighth state to do so.

512
00:37:46.920 --> 00:37:50.800
<v Speaker 1>Unless you think that the seven year ratification window is

513
00:37:50.960 --> 00:37:56.239
<v Speaker 1>belogne and that states can't unratify that, that's the only

514
00:37:56.280 --> 00:37:59.079
<v Speaker 1>way it could become the law of the land, and

515
00:37:59.119 --> 00:38:01.960
<v Speaker 1>there's no way the super Court would agree. So here's

516
00:38:01.960 --> 00:38:03.639
<v Speaker 1>Biden saying, I think it's the law of the land.

517
00:38:03.719 --> 00:38:07.239
<v Speaker 1>He's not forcing it to be published by the National Archivist.

518
00:38:08.400 --> 00:38:11.480
<v Speaker 1>It's total bologney. It's not part of the constitution that'll

519
00:38:11.519 --> 00:38:13.400
<v Speaker 1>do it. Johns already show see next time on Power Talk.
