LANSING, Mich. (Michigan News Source) – In the waning hours of his presidency, Joe Biden gave new meaning to the phrase “writer’s cramp” as he signed numerous pardons for all members of his family and political allies.

This begs several questions regarding the legality of such moves and whether presidential pardons are binding. Michigan News Source spoke with attorney David Kallman who clarified these questions.

What is a presidential pardon?

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Kallman said a presidential pardon has “broad powers” with few restrictions. “[The president] can pardon anyone for anything” Kallman explained, except if someone has been impeached.

He also clarified that the pardon deals with past behavior. It does not include future behavior past the date of the signed pardon.

Can someone be pardoned if they haven’t been charged with a crime?

Much of the discussion surrounding Biden’s pardons stems from the fact that those individuals have not committed criminal crimes. These include General Mark Milley, Rep. Liz Cheney, Dr. Anthony Fauci, and brother James Biden.

Kallman said he doesn’t see anything that prevents those pardons, but it’s also not the end of the story. “The Constitution is pretty open ended,” he said. “Ultimately it’s up to the U.S. Supreme Court.”

In addition, people can refuse the pardon. “They can say I didn’t do anything wrong. I decline,” Kallman said. “If they say nothing, it’s implicitly accepted.”

Is it over?

In short, no.  While those on the pardon list cannot be criminally charged for anything in the past, Congress can summon them.

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“They no longer have the right to remain silent and invoke their Fifth Amendment if they are not facing criminal charges,” Kallman said. “It does put them in a tough spot. If they lie now, they can be charged criminally. Plus people can go after them in civil court.”

In addition, Kallman said those with government jobs are in a tough spot. “They can face sanctions in their jobs if they are government employees.”

What about all those executive orders?

Democratic politicians, including Michigan Attorney General Dana Nessel, are pushing back against President Donald Trump’s newly signed executive orders, particularly the one that would end birthright citizenship. Nessel has joined other attorneys general in a lawsuit challenging that order.

Kallman said that while an executive order cannot override the Constitution, it’s still subject to broad interpretation. “It simply says if you are born or naturalized you are a citizen,” he said. “What Trump is doing is putting issue out there so it will get to the U.S. Supreme Court, and that will be an interesting case.”