While many on the MAGA side of American politics were infuriated by former President Joe Biden’s last-minute pardons of his political allies, a federal litigation attorney named Jesse Binnall explained that the pardons are actually good news for President Trump and an attempt to get Fauci, Schiff, Liz Cheney, and others, as they open up a new avenue of attack he can use.
That avenue of legal attack is that they obviate the 5th Amendment. Normally, a defendant can “plead the Fifth” when questioned so as to not be forced to incriminate themselves. However, that only applies if they face a potential legal action regarding their comments. If not, as is the case after being pardoned, they can no longer plead the Fifth, as there can’t be charges brought over the matters about which they are testifying, However, if they commit perjury, then that becomes an actionable legal charge.
Such is what Mr. Binnall pointed out in a post on X (formerly Twitter) in which he explained, “The pardons are actually great news. No one who was just pardoned will be able to refuse to testify in a civil, criminal, or congressional proceeding based upon the 5th Amendment. And let’s just be realistic. Most of these disgusting individuals would probably have to be charged in Washington, DC, which doesn’t convict partisan leftists.”
Explaining the idea further in a comment, he said, “A requirement of asserting the 5th Amendment is that one has to reasonably believe that the information sought could be used in a criminal prosecution. While I’m not aware of any specific cases where a pardoned individual has attempted to assert the 5th Amendment on such circumstances, it’s difficult to see any legal basis for an assertion in regards to pardoned conduct.”
Mr. Binnall also retweeted a post in which conservative columnist and lawyer Kurt Schlicter further explained the idea, saying, “This is key – the depositions and the actual testimony must take place outside of Washington DC. Washington DC is a biased venue that will not convict Democrats when they commit perjury. Accordingly, take this show on the road. @hughhewitt”
And, emphasizing his point about DC taking the side of the regime criminals, Mr. Binnall retweeted a post in which conservative author Lee Smith said, “Remember that none of these pardoned by Biden would’ve been convicted in a DC court. The DC jury pool is the Deep State’s most crucial instrument — freeing criminals from accountability and hunting its opponents.”
Further, to emphasize his implied point that the right should just go for as applied to taking down Fauci and others, Mr. Binnall retweeted a post from conservative commentator Will Chamberlain, who said, “The golden rule of modern America Politics: Republicans should stop worrying about the precedents they set because Democrats always do wildly unprecedented things whenever they have power.” Watch Trump comment on the pardons here:
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As background, Biden issued a series of pardons on Monday. Explaining them in a statement, he said, in part, “In certain cases, some have even been threatened with criminal prosecutions, including General Mark A. Milley, Dr. Anthony S. Fauci, and the members and staff of the Select Committee to Investigate the January 6th Attack on the United States Capitol. These public servants have served our nation with honor and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions.”
He then said, “I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics. But these are exceptional circumstances, and I cannot in good conscience do nothing. Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families. Even when individuals have done nothing wrong-and in fact have done the right thing-and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”
Getting to the end, he said, “That is why I am exercising my authority under the Constitution to pardon General Mark A. Milley, Dr. Anthony S. Fauci, the Members of Congress and staff who served on the Select Committee, and the U.S. Capitol and D.C. Metropolitan police officers who testified before the Select Committee. The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”