Comment on Joe Biden pardons son Hunter in final weeks in office
dohpaz42@lemmy.world 2 weeks agoI 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 2 weeks 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.