It ain't Treason when Biden does it

Graft is great stuff

AFL has obtained new photos of Joe Biden meeting with Hunter Biden’s Chinese business associates and introducing Hunter to China’s President Xi Jinping. Following the Presidential Records Act, NARA had planned to release these photographs on October 23, 2024 — thirteen days before Election Day.

In 2013, then-Vice President Biden went on an official trip across Asia, including a stop in Beijing, China. In these newly-released photographs, Joe Biden appears to introduce his son, Hunter, to President Xi Jinping of the People’s Republic of China.

The context of this is incredible: Hunter’s $5 million payout from & direct business partnership with the Chinese businessman Hunter called “Xi’s protege,” whose $2 billion revenue energy firm was set up “to obtain overseas resources and serve the Chinese national strategy.”

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If a President commits treason may he pardon himself and others doing so?

ChatGPT said:

ChatGPT

The question of whether a U.S. president can pardon himself or others for committing treason is complex and has not been definitively answered by the courts or legal precedent. Here's a breakdown of the relevant legal considerations:

1. Pardoning Power (Article II, Section 2 of the U.S. Constitution)

The U.S. Constitution grants the president the power to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This means the president can pardon individuals for federal crimes, including treason.

2. Self-Pardon

The idea of a president pardoning himself has never been tested in court, and the Constitution is silent on this issue. However, most legal scholars and constitutional experts argue that a president cannot pardon himself. The reasoning is based on the principle that "no one is above the law," including the president. This argument suggests that allowing a president to pardon himself would create a situation in which the president could effectively evade accountability for any crimes, undermining the rule of law.

Some also cite a historical analogy: when the framers of the Constitution created the pardon power, they were influenced by English legal traditions, where self-pardoning was not allowed.

However, no definitive legal ruling on this matter exists, and it remains an open question.

3. Pardoning Others for Treason

The president does have the authority to pardon individuals convicted of treason, which is a federal crime defined in Article III, Section 3 of the Constitution. Treason involves levying war against the U.S. or giving aid and comfort to its enemies. The president can grant a pardon to someone convicted of treason or any other federal crime, as long as the offense is not related to impeachment.

4. Limits to Pardons

A president cannot pardon someone in cases of impeachment. This is explicitly stated in the Constitution, and it suggests that impeachment and removal from office are a separate process from criminal pardons.

Also, while the president has broad power to grant pardons, the power is not unlimited. For instance, a pardon cannot prevent state prosecution (for state crimes) or circumvent certain other legal processes, like judicial reviews in some situations.

Conclusion

• Can a president pardon himself? Legal scholars are divided, but most believe the answer is "no," based on constitutional principles of checks and balances and the idea that no one, including the president, is above the law. This has never been tested in court, however.

• Can a president pardon others for treason? Yes, the president can pardon individuals convicted of treason, as long as they are not involved in impeachment proceedings.

In short, while the president’s pardon power is broad, its limits—especially in the case of self-pardoning—remain a subject of debate.

You said:

And if the individuals are family members aiding and abetting in the treason may he pardon them given his participation and use of them in the crime?

ChatGPT said:

ChatGPT

If a U.S. president were involved in treason and used family members (or others) to aid and abet in the crime, and later sought to pardon those family members (or even himself), several legal and constitutional issues would come into play. Here's how the situation breaks down:

1. Presidential Pardon Power and Family Members

The president has the constitutional authority to grant pardons for federal crimes, and this includes the ability to pardon family members, regardless of their involvement in the crime. In this case, the president could theoretically pardon his family members who were involved in aiding or abetting treason. The Constitution does not restrict the pardon power based on the identity of the person or their relationship to the president.

However, family involvement in treason complicates matters from both a legal and ethical standpoint. If the president was directly complicit in treason and used family members as part of the illegal activity, this raises serious questions about abuse of power and the rule of law.

2. Limits of the Pardon Power

While the president can pardon federal offenses, the pardon power has some important limitations:

• Impeachment and Removal: A pardon cannot prevent impeachment or removal from office. If the president's involvement in treason led to impeachment proceedings, that would be a separate process where the pardon power would not apply.

• State Crimes: The president's pardon power is limited to federal offenses. If the family members were also committing crimes at the state level (such as aiding and abetting treason under state law), the president's pardon power would not extend to those offenses.

3. Treason and Participation in the Crime

Treason is one of the most serious offenses under U.S. law. According to the Constitution (Article III, Section 3), treason is defined as:

• Levying war against the United States, or

• Adhering to their enemies, giving them aid and comfort.

If the president is directly involved in treason and uses family members to aid and abet that treason, the situation raises serious concerns about corruption of power and abuse of office. Legal and political pressure would almost certainly follow.

4. Ethical and Practical Considerations

Even though the president might have the constitutional power to pardon family members, the ethical and political consequences could be enormous. If the president were involved in treason and pardoned those who helped him, especially family members, it could lead to public outrage, political instability, and a potential crisis in the rule of law.

• Political Consequences: Pardoning family members involved in treason could trigger impeachment proceedings, as the president’s actions could be seen as undermining the integrity of the office and committing high crimes. Such an action would likely be seen as an abuse of power, which could lead to further legal and political fallout.

• Public Outcry: Pardoning family members in this context could severely damage the president’s legitimacy, leading to widespread calls for resignation or impeachment. The very appearance of a president using pardons to protect family members involved in criminal activities could be seen as a form of corruption, further eroding trust in government institutions.

5. Potential for Legal Challenges

While the president has broad power to issue pardons, the situation you describe—where the president participates in a crime (treason) and uses family members to assist in that crime—could lead to complex legal challenges. Some possible legal arguments include:

• Abuse of the Pardon Power: Legal scholars could argue that the pardon power was never meant to allow presidents to use it to shield themselves or their family members from criminal accountability, particularly when they were directly involved in criminal activity.

• Impeachment for High Crimes: As mentioned, treason is an offense that could lead to impeachment, and pardoning individuals involved in it would not prevent removal from office if the House of Representatives and Senate choose to pursue that path.

Conclusion

The president does have the formal power to pardon family members involved in treason, even if he himself is complicit in the crime. However, this power would likely face political, ethical, and legal challenges. Pardoning family members for such serious crimes could lead to impeachment, legal scrutiny, and a crisis in governance. Furthermore, the use of the pardon in this way would likely be seen as an abuse of power and undermine the legitimacy of the presidency.

Given the gravity of the crime (treason) and the possible consequences, this scenario would likely trigger intense scrutiny and legal battles, especially in terms of accountability for the president’s own involvement in the crime.