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The John Batchelor Show

#POTUS: Biden and the Pardon Power. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness

The John Batchelor Show

John Batchelor

News, Arts, Books, Society & Culture

4.52.8K Ratings

🗓️ 23 January 2025

⏱️ 15 minutes

🧾️ Download transcript

Summary

#POTUS: Biden and the Pardon Power. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness
1937 SCOTUS with Charles Evan Hughes

Transcript

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0:00.0

This is CBS, I on the world. I'm John Batchel.

0:07.4

Pardons, presidential pardons, much in the news.

0:10.9

I welcome Andrew McCarthy of the National Review Online,

0:14.3

and that is McCutter of American greatness to comment on

0:17.2

what we know so far about the power of the presidential pardon and in specific

0:22.6

who was pardoned and why. Andy, a very good evening to you and I read from a paragraph you

0:29.5

posted some days past. In its 1915 decision in Burdick v. United States, the Supreme Court

0:37.3

ruled that a pardon must be accepted

0:39.3

in order to have legal effect because of the, quote, confession of guilt implied in the

0:45.2

acceptance of a pardon, end quote. The court elaborated that in terms of public shame,

0:51.8

a pardon can involve, quote, consequences of even greater significance

0:56.5

than those from which it purports to relieve, end quote. If I understand, then everyone who

1:04.3

accepted the pardon offered, especially those who were pardoned without an offense named or a grand jury convened or charges made,

1:14.4

are admitting to guilt? Is that how to interpret the Supreme Court? Good evening to you, Andy.

1:21.6

Good evening, John and Thaddeus. Well, that is how you would interpret it under the verdict decision from 1915.

1:28.4

Now, there's been a lot of pushback on that in the ensuing century.

1:34.0

And I think a lot of this is well taken, especially unlike 1915, we're now in an age of politicized prosecution where an innocent person could reasonably say

1:48.4

I would be delighted to take a pardon even though I haven't done anything wrong in order to spare me

1:56.0

at least some of the expense and ignominy of being under a criminal investigation and criminal

2:06.6

charges.

2:07.6

And that is the way that the Biden people tried to spin the pardons that he issued, that President

2:14.5

Biden issued to, you know, public officials and members of Biden's own family.

...

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