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PBS News Hour - Segments

Can Biden issue preemptive pardons to protect Trump critics from retribution?

PBS News Hour - Segments

PBS NewsHour

News, Daily News

4.11K Ratings

🗓️ 10 December 2024

⏱️ 7 minutes

🧾️ Download transcript

Summary

After President Biden gave his son, Hunter, an expansive pardon, legal experts have questioned how a president's pardon power could be used moving forward. That includes questions about the possible use of preemptive pardons. Amna Nawaz discussed more with Kim Wehle, author of "Pardon Power: How the Pardon System Works-and Why." PBS News is supported by - https://www.pbs.org/newshour/about/funders

Transcript

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0:00.0

After President Biden gave his son Hunter an expansive pardon, legal experts have questioned how a president's

0:07.3

pardon power could be used moving forward. That includes questions about the possible use of preemptive

0:12.8

pardons. To discuss, I'm joined now by Kim Whaley. She's a professor at the University of Baltimore

0:18.2

School of Law, and author of the book, Pardon Power,

0:21.4

How the Pardon System Works and Why. Kim Welley, welcome back to the News Hour.

0:26.0

Hello, great to be here. So before we move into some of the questions that folks have now,

0:30.3

I want to start with that pardon by President Biden of his son. It's drawn mixed reviews,

0:35.9

even from members of his own party, as you've seen.

0:38.2

But you have defended his decision to issue that pardon. Tell us why. Well, it doesn't fall in the

0:43.6

category of a self-dealing pardon. A Hunter Biden's not someone that there's a concern that he'll go on

0:49.7

to commit violent crimes or even additional crimes. He paid back his tax liability with interest. The gun

0:56.2

charge was for a very low level offense that even the likes of Lindsey Graham have said publicly

1:01.9

probably would not have been prosecuted if he had not been the president's son. And of course,

1:07.2

for both of those, he had relapsed into his addiction after the death of his

1:11.8

brother, Bo. So it appears to be that the president is anticipating vengeance or retaliatory

1:18.0

investigations or prosecutions of his son under the next Trump administration, which, of course,

1:23.8

Donald Trump has been very public about his plans to use the Justice Department for that reason.

1:29.8

And the Supreme Court, last summer in its immunity decision, held that crimes committed using the Justice Department would be immune from any oversight.

1:38.6

So it seems like Joe Biden's responding to the moment that is this incoming administration that we've never seen in

1:45.9

American history. So it's almost a reaction to that and less sort of a pardon for his own

1:54.3

self-interest. Well, let me ask you about this moment we're in then, because related to some of

1:57.8

these points you're raising, you're right, President Trump has previously said that he wants to use law enforcement to target some of his

...

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