H1, Segment 2 - Charlie James analyzes legal precedent on presidential pardons and Dr. Fauci.

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Transcript Charlie James: All right, let’s—let’s—let me ask you a question here. So, John, I am President Charlie James. It's got a nice ring to it, doesn't it? I think it's got a nice ring to it. So I give—so John, you have, or may, or you may or may not have done something, but I'm going to give you a pardon. And I sign this pardon—I don't use the autopen—I sign the pardon. Are you then pardoned? So just let me know. You say yes? No. You're not. And I'll tell you why. A pardon is a transaction. A pardon must be given and accepted. That's—that's the transaction. Those are the requirements of the transaction. It—it's kind of like a contract. So, you know, one person signs it, the other person signs it. One person—okay. So, Supreme Court precedent may get Fauci in some trouble, because I want you to listen to Josh Hawley today with Dr. Fauci. Senator Josh Hawley: Thank you, Mr. Chairman. Well, nothing says honesty like taking the Fifth, huh, Doc? Let's try something. What day of the week is it today? Dr. Anthony Fauci: On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution. Senator Josh Hawley: What color tie are you wearing? Dr. Anthony Fauci: On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution. Senator Josh Hawley: What color's the carpet in front of you? Dr. Anthony Fauci: On the advice of counsel, I respectfully decline... Charlie James: Yeah, yeah, it's ridiculous, isn't it? It is absolutely ridiculous. Congratulations, Fauci. That's now your legacy. Forget anything you may have done in your life; today is your legacy. And it could also be your downfall, because—are you ready for this?—under Supreme Court precedent, it makes Fauci's situation extremely clear. A presidential pardon is not automatically effective the moment the president signs it; the recipient must accept it. Once accepted, the recipient loses the ability to plead the Fifth on the covered offenses. In United States v. Wilson of 1833, Chief Justice John Marshall wrote for a unanimous court that a pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered, and if it be rejected, we have discovered no power in the court to force it on him. Now, the decisive case was Burdick v. United States of 1915. Wilson issued a preemptive pardon to New York Tribune editor George Burdick, who had not been charged, specifically to strip him of his Fifth Amendment privilege and force testimony before a grand jury. Burdick refused the pardon and continued to invoke the Fifth. The Supreme Court unanimously held that acceptance is required for the pardon to take effect. An unaccepted pardon does not remove the privilege against self-incrimination. The court noted that a pardon carries an imputation of guilt, acceptance a confession of it. If a pardon is accepted, the Fifth Amendment privilege goes away for the covered federal offenses—that's Brown v. Walker, 1896. Once a witness has received a pardon, he can no longer set up his privilege, since he stands with respect to such offenses as if the crime had never been committed. Biden's January 2025 full and unconditional pardon of Fauci covers any offenses against the United States from January 1st through the date of the pardon, rising from or related to his service as NIAID Director, White House Coronavirus Task Force, or COVID-19 Response Team member, or Chief Medical Advisor. Fauci appreciated that pardon. Yet today, before the Senate Homeland Security and Governmental Affairs Committee, he invoked the Fifth Amendment and refused to answer questions about the COVID period and his official actions. Under Burdick, this is a de facto rejection of the pardon. His counsel knows the law; they know Burdick. By advising him to plead the Fifth on matters square ...

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