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Joe Biden pardons son Hunter in final weeks in office (www.abc.net.au)

submitted 2 months ago* (last edited 2 months ago) by [email protected] to c/[email protected]

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In short:

Outgoing US President Joe Biden has pardoned his son Hunter Biden, saying "raw politics … led to a miscarriage of justice".

Hunter Biden was convicted of gun charges and tax evasion and was facing sentencing hearings scheduled for mid-December.

Joe Biden said he made the decision over the weekend while spending the Thanksgiving holiday with his family.

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[–] dohpaz42 1 points 2 months ago (1 children)

I doubt double jeopardy applies, because that would mean they’d charge and prosecute him again. Reversing a pardon has nothing to do with prosecution.

Also there is nothing in the constitution that states a pardon is final. Only the Supreme Court has said that, and we all know that a later Supreme Court can (and has) overrule a previous Supreme Court decision.

And Wickard v. Filburn is a red herring.

[–] FireTower 2 points 2 months ago

"nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;"

The double jeopardy clause doesn't limit itself to only prohibiting second prosecutions. Once a case has been prosecuted to conclusion the defendant may not be made subject to the punishment again. A pardon terminating a punishment, would forestall recision as that would be once again subjecting the defendant for the same offensive.