Judicial Watch president Tom Fitton appeared Monday night on the Lou Dobbs show on Fox Business, and he was a deadly serious man. He said the proper constitutional remedy to the Deep State assault on the presidency is a blanket use of the pardon power, beginning with retired Army lieutenant general Michael Flynn. Every potential legal target of Special Counsel Robert Mueller should also be pardoned. The president doesn’t have to fire anyone. He can simply take away legal jurisdiction through the exercise of his pardon power.
As the Supreme Court stated in 1866, in Ex parte Garland, the presidential pardon power is “unlimited.” “It extends to every offense known to the law, and may be exercised at any time after its commission.” In other words, it may be pre-emptive. It’s not just after conviction, but before any criminal prosecution has even begun.
Most people think the pardon power is for acts of clemency: pardoning criminals who were wrongfully convicted or who have paid their debt to society. But its more important function is as a tool to serve the broader public interest.
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