Op-ed: 

Circumnavigating a Presidential Pardon...Maybe 

By: Diane Sori / The Patriot Factor / Right Side Patriots / Right Side Patriots Radio

The Op-ed posted here is this authors opinion alone, and does not necessarily represent the views of blogspot.com or Google.  

“Nothing in life is absolute except birth, death, and taxes” as the old saying goes. But regarding absolutes I'll add to those words that neither are our federal, state, or local laws for even the Constitution itself has been amended time and time again; Supreme Court decisions have been overturned; and laws ranging across all government levels have been overturned, amended or totally rewritten when legal “loopholes” were found.

In the early morning hours of January 20, 2025...the very day Donald J. Trump was to be sworn in as America's 47th president...then still President Joe Biden issued “preemptive pardons” to Dr. Anthony Fauci, Gen. Mark Milley,* Liz Cheney and other members of the House Select Committee's investigation into the January 6th, what was never an “insurrection.” Then just minutes before he officially was to leave office, Biden did what just days before he said he would not do, as in he issued “preemptive” pardons for his brother James Biden and his wife Sara; his sister Valerie Biden Owens and her husband John; and his youngest brother Francis for “unspecified crimes.”   

But ”unspecified crimes” is quite the misnomer for many of us are well aware of what said crimes might actually be, in fact there's a multitude of crimes to chose from. But for now we simply don't know exactly which crimes, if any, the Bidens might have committed that they deserved being pardoned for.

So here let's first discuss what I believe these family pardons were issued for.

During questioning by reporters regarding these pardons Joe Biden claimed that for him not to do so would have left his family open to “politically motivated investigations” after he's left office...as in “revenge” by the now Trump administration...the very thing Biden and his people relished in doing to Trump and his family before, during, and after the 2020 election. In fact, these particular “preemptive pardons” were not coincidentally issued...and this key...because they were issued only after House Oversight Committee Chair James Comer publicly announced and requested that Donald Trump's incoming Department of Justice investigate, and if enough evidence was found, to then move forward with prosecuting Biden's family members now pardoned regarding their allegedly making “false statements to Congress” during what was then an ongoing “impeachment” inquiry regarding President Joe Biden himself.

In fact, when further questioned about these pardons specifically relating to “unspecified crimes,” Joe Biden arrogantly stated that, “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.” And while that might be true to some legal extent, the fact does remain that while “specificity” is but an unsaid requirement for a presidential pardon, many legal and Constitutional scholars...Alexander Hamilton himself being one...have stated in their writings that regardless of what amounts to the “unrestricted and vague language in the Constitution’s pardon clause” our “Framers” knew well that there should be “specificity”...as in naming charges leveled...regarding any pardons issued.

And how do we know this...because the historical analysis and commentary from those persons stated above do tend to agree that the Constitution's “Framers” based presidential pardon power on the British monarch's power to pardon...as it was a well-established practice at the time the Constitution was being written...along with the fact that it was not objected to at the time.

A simple oversight on our “Framers” part perhaps, but the fact remains that presidential pardons do extend to all “federal criminal offenses,” and that said offenses... whether one is formally charged or not...are usually named either before, during, or after an official federal investigation or inquiry has takes place, especially one that does involve the possible “impeachment” of a then sitting U.S. president. Now here also know that the Constitution's “pardon clause” specifically provides for but two limits on said power with the first being that “clemency”...as in a pardon...may only be granted for “Offenses against the United States,”...meaning state “criminal offenses” and federal or state civil claims are not covered by said pardon; and second that a president’s “clemency” (pardon) authority cannot ever be used in “Cases of Impeachment,” but nowhere does the Constitution give a time frame nor a time limit for when an inquiry or actual “impeachment” proceedings must take place.

In fact, Article II, Section 2 of the Constitution clearly states that, “he (meaning the president) shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” And it's here where the timing of Biden's family pardons also comes into play along with its corresponding “cause and effect” clearly relating back to what was an official federal inquiry regarding the possible “impeachment” of Joe Biden himself, the very thing which presidential pardons...as in presidential “clemency” authority...cannot ever be issued for...that cannot be repeated enough.

Simply, the “preemptive pardons” Biden gave to his family not only goes against the Constitution's own words, “except in Cases of Impeachment,” but the Bidens believed to be “false statements” were given during what was an official “impeachment” inquiry thus it directly relates to the very thing the Constitution forbids any president from doing. And while no court or Congress can overturn a presidential pardon...an act of “clemency” in showing “mercy, compassion, or forgiveness” to one who has gone through the legal system...as in those who have been charged, tried, convicted, with sentence adjudicated for a “federal criminal offense” committed...no formal charges against the Bidens...to date...have been leveled against them. 

And yet Comer still wants the matter looked into for charges of “impeachment” can still be leveled against Joe Biden even after the fact that he's no longer in office, for again, the Constitution gives no time limit for when an “impeachment” inquiry, charges being leveled, or an actual “impeachment” trial must take place,

Again, another possible oversight by our “Framers,” but one that can actually work to help negate Biden's family pardons issued if, and I only say if, Trump's incoming DOJ and its new AG Pam Bondi do decide there's validity to HOC Chair Comer's request to look into what's believed to be the “false statements to Congress” made by Biden's family members during what was an official “impeachment”  inquiry. And if found to be true then Joe Biden himself might well be in deep trouble what with both chambers of Congress having the power to proceed, at any time, with an “impeachment” inquiry, hearing, and trial against any executive branch official, including an ex-president, that has either resigned from office or left office as per term limits.

Now here I know that some will say that I am playing a misplaced game of “word semantics” in regards to the word “impeachment”...which is the very heart of the matter...as well as what I've presented being but mere conjecture on my part, but with Joe Biden's ever so convenient timing regarding the issuance of said family pardons being anything but a coincidence, and with his having added the word “preemptive” to these pardons, the fact remains that what Biden has actually done is to put the final nail in his own legacy's coffin for he pardoned those who seemingly (and I believe deliberately) made “false statements to Congress” during what was an official “impeachment” inquiry.

But here let's circle back for a bit to the specific word “preemptive” for “pre” anything means before the fact or before an action is taken, And while, in this case, no action was taken at that time to move forward with charges of “impeachment,” that in no way negates the fact that the Biden family were believed to have given “false statements” during what was an official House “impeachment” inquiry, a criminal offense under the U.S. Code of Laws.

In fact, false statement charges under 18 USC Section 1001 may be brought against someone who makes a “false statement” to an agent or agency of the federal government (the House Oversight Committee and/or James Comer himself likely meets the broad sense of this definition), and did so in connection with a federal matter...which an “impeachment” inquiry surely is. And while said statement must be “materially” false to be illegal...as in it having a “natural tendency to influence or is capable of influencing” the agent the statement is made to...as well as it being relevant to finding, charging, or convicting the one being looked into...as in Joe Biden...in my opinion any “false statements” made by Biden's family would obviously be made to try and stop Joe Biden's “impeachment” inquiry from moving forward.

In other words, if someone willfully gives a knowingly “false statement”...a“material statement”...and it meets the element of “materiality”...which I believe is what James Comer now might suspect is what these “unspecified crimes" relates to...and if the right attorneys are involved...attorneys who can “dot all the I's and cross all the legal T's”...nothing will negate the fact that the inquiry in question would surely expose wrongdoing by Biden's family in that it revolved around the word “impeachment,” the very thing which Joe Biden cannot Constitutionally pardon anyone for. 

 

So logic then dictates that with the process having legally been played out, it would show these pardons to be “invalid,” and therefore would not “stand.” And who knows, but maybe in the end both Joe Biden and his family members could possibly be staring at four walls. 

Now as for Dr. Anthony Fauci, whose pardon does have a time frame attached to it as it's backdated to 2014 the year a U.S. ban on “gain of function virus research” took effect...the very research Fauci has been rightfully accused of outsourcing to China...that does not negate the fact that an actual presidential pardon, as per Constitutional law, can only relate to federal criminal “offenses against the United States”... which Fauci's actions clearly make a case of being.

So while Joe Biden’s pardon, unfortunately, does protect Fauci from immediate “criminal prosecution,” it does not garner him a “get out of jail free” card for it does not pardon Fauci for any future crimes he might commit nor will said pardon stop any Department of Justice investigation from going forward if they so choose to do so. In fact, Fauci's pardon, as written, also leaves the door open for state and/or individual charges, as well as civil lawsuits to be leveled against him.

Remember, states have the authority and the right to pursue “charges” against Fauci, and then prosecute him under their own state laws especially if a state's AG can prove “fraud” in that Dr. Fauci did knowingly misrepresent facts to influence state decisions which, in turn, led them to spend “unnecessary amounts” of taxpayer monies for “fraudulent reasons.” Also, civil lawsuits initiated by private citizens can, and hopefully soon will...be filed by those who were directly harmed by Fauci’s “fraudulent decisions”...decisions enacted that directly led to a loved ones suffering and/or death; his causing what is legally known as “reckless endangerment” regarding harmful government policies enacted on his recommendations; and in certain cases by individuals being forced by Fauci's policies to get “jabbed” or lose their job and income.

And dare not forget that foreign governments and/or its citizens can also bring charges against Dr. Fauci for crimes committed against their countries and people. In fact, the Constitution in Article III, Section II, Clause I, authorizes the federal courts to hear certain cases that involve foreign states, but does not expressly provide foreign states a right of access to U.S. federal courts. However...and this is key...the U.S. Supreme Court has held that “a foreign sovereign, as well as any other foreign person, who has a demand of a civil nature against any person here, may prosecute it in our courts.” And this ruling was based upon general international law principles of comity,* and in part on the fact that the Constitution expressly extends the judicial power to controversies between a “State, or citizens thereof,” and “foreign States, citizens, or subjects,” without reference to the subject-matter of the controversy.

And lastly, remember, Fauci not only repeatedly made public statements about treatments, vaccines, boosters, and pandemic policies that have proven to be inaccurate, misleading, or even outright lies, but that he also perjured himself on numerous occasions during the pandemic itself. And most importantly, the ever vile Dr. Anthony Fauci has yet to come clean about the true nature of both his and the NIAIs ties to China's infamous “Wuhan Lab of Virology”...the very lab that through “gain of function research”...which Fauci approved U.S. grant monies for...took what was a naturally occurring bat virus and genetically manipulated it into becoming Covid-19, or what I believe was actually a bio-weapon released...accidentally released a bit too early perhaps...but with its intended purpose achieved...which the over seven plus million** victims families can surely attest to.

Simply, Biden's pardon was given to a man who stills claims he did nothing wrong...so why then did he accept said pardon? I guess that when one is stuck between a legal “rock and a hard place“ of their own doing even minimal protection is better than none. 

And in regards to both Joe Biden's family pardons and Dr. Anthony Fauci's pardon, remember as I stated in the beginning of this article, “nothing is legally absolute.” And to that I do say, cases closed.

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** Comity legally explains that to deny a sovereign (as in a foreign nation) the privilege of access to court would manifest a want of “comity and friendly feeling.”

 

** The seven plus million death toll number is based upon the last official tally by worldometer.

 

Author's Note: In this article I have only dealt with the Biden family members and Dr. Anthony Fauci's pardons due to article word length and publishing constraints...the others might or night not be the subject of a follow-up article. 

 

Copyright © 2025 / Diane Sori / The Patriot Factor / All rights reserved.

 

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For more political commentary please visit my RIGHT SIDE PATRIOTS partner Craig Andresen's blog The National Patriot to read his latest article, Liberals…Outsmarted By Their Own Stupidity.

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RIGHT SIDE PATRIOTS...LIVE!                                           

Tomorrow, Tuesday, February 4th from 7pm to 8:30pm EST, RIGHT SIDE PATRIOTS Craig Andresen and Diane Sori discuss 'Circumnavigating a Presidential Pardon...Maybe'; 'Liberals…Outsmarted By Their Own Stupidity'; and important news of the day. Hope you can tune in to RIGHT SIDE PATRIOTS on https://rspradio1.com Click 'LISTEN LIVE' starting at 6:50pm EST, show begins at 7pm EST.

 

Op-ed:

The Importance Of 'Down Ticket' Voting

By: Diane Sori / The Patriot Factor / Right Side Patriots / Right Side Patriots Radio 

The Op-ed posted here is this authors opinion alone,and does not necessarily represent the views of blogspot.com or Google.

A few weeks ago I wrote an article entitled, “Vote Wisely...America's Future Depends On It”... basically laying out why come this November we must take nothing for granted. In said article I not only spoke about the importance of voting in general, but about why taking back the White House, while important in it's own right, does not negate the fact that taking back both Houses of Congress and putting them into Republican controlled hands is just as, if not more so, important than the actual presidency itself. Why so? I'll get into specifics about that in a bit.

So for now, simply stated, it's my opinion that this November's election should primarily be about the “down ticket” ballot candidates and which party they belong to, for it's those very persons who will set the actual course that our country will be on for the next four long years. And know it's no matter which man...sorry Nikki...is elected president, as the all-important state and local levels matter as well, for successful change usually starts at the bottom and works it's way up. And if we're not careful in how we vote the course we're on now could remain unchanged for a generation or more to come.

But first some important, albeit brief, background information many of us learned in high school while many others did not as mandatory civics classes have now become few and far in between, most especially in “blue states.” So here let's start with the “pecking order” if you will, beginning with the president himself or (someday) herself, including some civics 101 basics. While our duly-elected President is both the head of state as well as deemed to be the head of our government, he under “Article 2, Section 2” of the U.S. Constitution is also the Commander-in-Chief of all U.S. armed forces both in times of peace and in times of war. Also, under “Article 2, Section 3” the president is responsible “to take Care that the Laws be faithfully executed”... meaning not just laws newly created and passed by Congress, but all laws that currently exist on the books...as well as his ability to sign bills into law; holding the power of the veto; and making treaties with the approval of Congress.

And while many deem the president to be “all powerful,” actually he is not...at least not in the classic sense...and it's all thanks to our system of “Checks and Balances,” a system most especially needed when it's in regards to monetary outlay. It's Congress itself...more precisely the House of Representatives...who holds the true monetary power...the “purse strings” as it's commonly known. And while the Senate has the power to try all impeachments, as well as their having the power to confirm presidential appointments that by law require consent, even here there is a “check” in place as the House must approve appointments to the Vice Presidency as well as any treaty involving foreign trade...as in the monetary outlay pertaining to any such trade agreement.

So while the president can propose and present an annual budget for federal agencies or suggest other legislation along with corresponding monetary funding if need be, remember only the House can actually make new laws or change existing laws, while at the same time they can pass or reject any proposed monies needed in the implementation of said laws. And while the president can still veto what has been passed if it's not to his liking, even his veto can be overturned with a two-thirds majority vote in both the House and the Senate, as per “Article 1, Section 7” of the Constitution.

What truly wise men our “Founders and Framers” were to make sure that the greatest power would always reside within those elected to the House...the “true voice” of the people...and not with the president alone. And know they did so, so that no one branch of our three branches of the government...as in the executive, the legislative, and the judicial branches...could ever try to set or to dominate the governmental discourse to their, or to one party's, liking alone. And this is key in regards to this November, for the fact remains that whomever is elected president will not really matter if both the House and Senate are not in the hands of the party to which that president belongs.

“Executive Orders,” thankfully, can really only go so far especially when in today's overly heated political climate “bipartisanship” is a dirty word. In fact, it seems that true “bipartisanship”...”bipartisanship” for the good of “We the People” as well as for the good of our country instead of for the good of one party alone...has not been around since the Reagan/Tip O'Neill years when, in 1983, the Republican president and the Democrat House Speaker reached a Social Security compromise...a compromise that was far from perfect, but a true compromise nevertheless. Called the “Social Security Reform Act of 1983”...H.R. 1900...the Democrats...who had control of the House...got some things they wanted while the Republicans...who controlled the Senate...got courtesy of shared common ground, some things they wanted as well. And said compromise led even harsh critics of the bill to state that, the Social Security deal was a “practical” and “bipartisan reform” that had a “lasting positive impact” on government and public policy.

How I wish, as I'm sure many of you do too, that true common sense based “bipartisanship” was around today instead of the nonsense that always seems to engulf us... nonsense like repeated “Stop-Gap” funding bills to keep the Biden led, Obama wanted, failed government open... something akin to putting lipstick on the ever proverbial political pig.

But here with our once again recently passed “Stop-Gap” bill to temporarily fund the government...you should see why “down ticket” voting is important especially in regards to the House's control of the “purse strings,” control which most definitely includes how our taxpayer dollars are spent. And with we Republicans currently holding such a slim lead in the House at best, we more times than not are having to face trying to convince some members of the other party why they should cross over in the name of “bipartisanship.” And with some House Republicans being but RINOs at best, losing their votes over “personality clashes” equates to yet another failure of the Republican party to get done what they need to get done. But if the House was in complete Republican control by a sizable majority, things would be greatly different than they are today even with Biden as president.

So now for the specifics I alluded to at the beginning of this article, key of which is the fact...as I see it...that no matter if Trump wins or Biden wins America and “We the People” lose...I cannot say it any plainer or more directly than that.

Why so? Scenario one: if Donald Trump is able to pull off an election win...which at this point in time I believe can only happen if all Republicans rally around him as well as the independents...if no election “funny business” was to take place including not allowing “illegals” or “dead people” to vote...and if a good number of fed up with the economy and border fiasco Democrat “crossovers” were to also cast their vote for Trump...even then celebration would be but short lived if we were to lose either the House or the Senate, or more likely both.

And why so...because 2022 proved that Trump supported and/or endorsed candidates did not fare well in their races. Remember, we barely took the House and outright lost the Senate by four seats even in the more competitive states, with some candidates not even wanting or were leery of Trump's support especially in swing states.

In other words, without the full Congress in Republican hands...and I mean via overwhelming numbers...without them to stand strong behind Trump...nothing...I repeat nothing...would get done even with Trump holding the power of the veto over the Democrats heads. Why so? Simply because not only will the Democrats again call for Trump to be impeached...it's what Democrats relish in doing...but a Democrat controlled Congress will easily be able to override any veto Trump were to hand down. Trump might be president, but a politically impotent one at best.

Now for scenario two...a somewhat simple reversal if you will. If Joe Biden were to win in November not only would Obama get his fourth term in office and more time to “fundamentally transform” America from within...a loss for our great republic in its own right...but Biden would also face a tit-for-tat Republican called for impeachment for obvious and rightful reasons, and yet he would still be able to push forward Obama's said transformation via a Democrat controlled Congress rubber-stamping his every whim. And this would happen even if the House technically stayed in Republican hands because these past few years have shown that the Republican party itself is far from being united behind the entirety of its ticket. 

And when Republicans overlook just how important the House and Senate races are to their agenda, they not only tend to lose some what should be easily won races, but some much needed House Republican votes...RINO votes if you will...votes that are lost courtesy of some siding...on certain unfortunate key issues like abortion... with the Democrats. And this is done way more times than Democrats crossing over to the Republican side.

And once again both “We the People” and our beloved America loses.

Simply, Biden as president does not really have to fear Democrats switching to the Republican side regarding their vote, but Trump has to fear Republicans siding with Democrats on certain issues. Remember, not all Republicans are conservatives nor are they all far to the right, while almost all Democrats march in lockstep with the hierarchy's wishes, together united in their leaning to the left. And this could only be negated if by some outside chance the Republicans took both the House and the Senate by enough numbers to override any Biden presidential veto he might issue.

Translation regarding both scenarios: “We the People” and our republic lose no matter which of these two men becomes president...meaning the “lesser of two evils” becomes more important than ever this go round, especially when House and Senate seats are usually influenced by the turnout for the candidates in the presidential race. Get a top ticket person not to the party's nor to ones personal liking and even the thought of a “down ticket” ballot gets thrown by the wayside. In fact, voting history has shown that people, in general, tend to lose interest in the House and Senate races if they are truly unhappy with the top of their ticket. And this is especially telling now that this November's race...a race few Americans wanted...seems to be a losing proposition no matter who wins. But even if Trump were to pull of a win the chances of him solidly locking up the Republican ticket...as in the House and the Senate...seems highly unlikely at this point in time.

So do think long and hard about the importance of voting a straight Republican line ticket, whether you like Trump or not, because to do otherwise might well mean our republic's demise. Sadly, case closed.

Copyright © 2024 / Diane Sori / The Patriot Factor / All rights reserved.

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For more political commentary please visit my RIGHT SIDE PATRIOTS partner Craig Andresen's blog The National Patriot to read his latest article, The 9-0 Meltdown.

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RIGHT SIDE PATRIOTS...LIVE!                                             

 

Tomorrow, Tuesday, March 12th, from 7-8:30pm EST, RIGHT SIDE PATRIOTS Craig Andresen and Diane Sori discuss 'The Importance Of 'Down Ticket' Voting'; 'The 9-0 Meltdown'; and important news of the day. Hope you can tune in to RIGHT SIDE PATRIOTS on https://rspradio1.com Click 'LISTEN LIVE' starting at 6:50 pm EST with show beginning at 7pm EST.