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.

  • dohpaz42@lemmy.world
    link
    fedilink
    English
    arrow-up
    1
    ·
    16 days ago

    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@lemmy.world
      link
      fedilink
      arrow-up
      2
      ·
      16 days 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.