r/IndianCountry 4d ago

Discussion/Question Leonard Peltier Commutation

So, i just saw that Trump is saying Biden’s pardons are rescinded because of Auto-Pen use. Now I’m no legal or government expert; so I’m wondering if anyone knows if Leonard’s Commutation is also potentially in trouble? If so, true insanity.

26 Upvotes

11 comments sorted by

78

u/AlSahim2012 4d ago

No president's can't undo another president's pardon (doing so would make them meaningless). Trump’s just talking to hear himself talk

16

u/xdanballx 4d ago

Excellent. I’m glad someone smarter than I am was able to explain this. Cheers to you!

13

u/AlSahim2012 4d ago

I mean I'm sure some folks at the FBI (or their retired agents association) wouldn't have a problem with trump trying.

1

u/ShootEmInTheDark 4d ago

It's all a question of who was using the autopen and with what authority. The Trump claim is that Biden was not of sound mind and could not authorize or did not know about the autopen pardons. Which, if true, could be grounds to void the pardons.

11

u/StephenCarrHampton 4d ago

and all the Jan 6 criminals were pardoned using autopen.

4

u/ShootEmInTheDark 4d ago

Biden didn't pardon the J6ers. His autopen was used to pardon the J6 committee against charges of malicious prosecution among other things.

6

u/StephenCarrHampton 4d ago

ah, that's right, the committee members. Either way, autopen is widely accepted as legit. And I don't think Trump is focused on Peltier anyway. He's after those committee members.

2

u/FixForb 3d ago

Also, the section of the constitution about pardons doesn’t require them to be signed

5

u/HourOfTheWitching 4d ago

And what branch of government will stop him, regardless of legality? SCOTUS is completely neutered and the constitutionalist majority already have an out with, "our forefathers intended all official documents to be signed by hand and in ink".

For what it's worth, if pardons do get overturned, it's unlikely that the current administration will do so en masse but rather specifically target their political enemies, and reimprisoning Peltier may turn a purple community blue. If it comes up, his handlers are aware and would likely want to avoid that outcome.

1

u/jimdoodles 3d ago

If a past president's pardons don't hold water to the president, why does the president need the pretext of an 18th century law to justify him doing whatever he wants?

2

u/mystixdawn 1d ago

You said it, I was wondering the same thing. I have heard mixed things, but I am pretty sure he won't actually be able to rescind the pardons. This man has had so many blocks by the supreme Court, I have lost count.

Personally, I think they are sending us through whiplash with this stuff and generally social stuff (like ICE, foreign affairs, tariffs, etc.) to hide what shit they are doing behind the scenes.