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Biden isn't the first president to pardon a relative. Here's how the power works

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Biden isn't the first president to pardon a relative. Here's how the power works

President Biden and Hunter Biden, pictured in Nantucket, Mass., on Friday. Days later Biden announced he had pardoned his son, who was awaiting sentencing in criminal cases related to tax evasion and gun charges.

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The topic of presidential pardons is back in the spotlight this week after President Biden announced he signed a “full and unconditional” one for his son.

Hunter Biden was convicted earlier this year of federal gun charges for lying about his addiction to crack cocaine when he purchased a gun, and separately pleaded guilty to tax offenses for failing to pay at least $1.4 million in federal taxes. Sentences in both cases were scheduled to be handed down later this month.

The president has said publicly that he would not pardon his son — but reversed that promise in an announcement on Sunday in which he called the prosecution unfair and selective.

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Biden blamed his opponents in Congress for instigating the charges against Hunter and unraveling his would-be plea deal through political pressure, though the special counsel leading the firearm probe has denied facing political interference.

In his statement, Biden said, “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son.”

“I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice,” Biden added. “I hope Americans will understand why a father and a President would come to this decision.”

Biden’s decision was met with criticism from both sides of the aisle.

For one, his rationale closely echoes Donald Trump’s claims of a politicized Justice Department — even though the charges against Hunter Biden and Trump, the first president to be convicted of a felony, are very different. Trump was charged with trying to overturn the 2020 election and endangering national security through his handling of classified documents, though both cases were dismissed after his 2024 election victory.

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Trump was quick to slam Biden’s pardon as an “abuse and miscarriage of Justice.” Even some Democrats — including Colorado Gov. Jared Polis, Arizona Rep. Greg Stanton and Colorado Sen. Michael Bennet— publicly denounced Biden’s decision. They warned it could set a dangerous precedent, especially before the return of Trump, who has vowed to pardon Jan. 6 rioters and baselessly suggested he could even pardon himself.

“Joe Biden put self before country, and just pardoned his son,” tweeted Joe Walsh, an anti-Trump former Republican congressman who had endorsed Biden. “And that selfishness took the ‘no one is above the law’ argument against Trump off the table.”

Presidential pardons have been commonplace since the days of George Washington, who forgave the two men convicted of treason for their role in the Whiskey Rebellion. Over the years, many have been cause for celebration as well as controversy.

What is a pardon?

Presidential pardon authority is inspired by early English law, which granted kings “the prerogative of mercy.”

Article II, Section 2 of the Constitution gives the president the power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

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“The U.S. Constitution grants the president of the United States what’s called unilateral clemency power,” explains Lauren-Brooke Eisen, the senior director of the Brennan Center’s Justice Program. “And you can think of clemency as the umbrella term.”

Acts of clemency include granting amnesty, reprieves, commutations, and pardons — the most expansive form of relief.

A full pardon releases the person from punishment and restores their civil liberties, including their right to vote, hold office and sit on a jury.

“Clemency really is an expression of mercy, and often tempers the very overly punitive, harsh, inequitable results that our criminal justice system produces,” says Eisen.

The Supreme Court has repeatedly recognized the president’s pardoning powers as relatively broad, “extending to ‘every offence known to the law’ and available ‘at any time after [a crime’s] commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment,’ ” according to the Congressional Research Service (CRS).

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In some rare cases, presidents have even pardoned individuals who had not been charged with a crime: Gerald Ford pardoned Richard Nixon after the Watergate scandal, and Jimmy Carter pardoned most Vietnam War draft dodgers, both charged and uncharged.

The only limits — at least according to the Constitution — are that a president can only grant pardons for federal criminal offenses, not state or civil offenses, and cannot issue pardons in cases of impeachment.

How have pardons typically been used?

President Gerald Ford (L) talks at a podium as President Richard Nixon (R) stands nearby.

President Gerald Ford pardoned former President Richard Nixon shortly after taking office in 1974, to which many historians attribute his election defeat two years later.

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Presidents have pardoned all sorts of federal offenses, from marijuana possession to mail fraud to murder. Somewhere along the way, they even started pardoning Thanksgiving turkeys to spare them from the dinner table.

Some pardons have involved high-profile figures: Andrew Johnson pardoned a doctor who treated John Wilkes Booth’s broken leg after he assassinated Abraham Lincoln, as well as thousands of Confederate soldiers and officials after the Civil War.

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Warren Harding pardoned Socialist Party leader Eugene Debs after he was sentenced to a decade in prison for speaking out against World War I. Richard Nixon pardoned Teamsters leader Jimmy Hoffa during his 15-year prison sentence for jury tampering and fraud.

More recently, over 3,000 acts of clemency were granted in the four decades between the start of the Ronald Reagan and end of the Barack Obama administrations, according to the White House Historical Association.

But the number of pardons has varied widely between presidents.

Obama granted the most clemency actions — 1,927, of which 212 were pardons — of two-term presidents since the mid-20th century, according to the Pew Research Center. George W. Bush issued the fewest — 200, including 189 pardons.

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Trump granted 237 acts of clemency during his first term, including 143 pardons and 94 commutations. His use of the power was relatively rare compared to many of his predecessors, but highly controversial because most of the people he helped had some sort of personal or political connection to him.

Have presidents pardoned relatives before?

Biden is now the third president to pardon a relative.

On his last day in office in 2001, President Bill Clinton pardoned his half-brother, Roger, who had pleaded guilty and spent a year in jail on drug charges.

That was one of a whopping 140 pardons that Clinton issued that day, and not the most controversial.

He got much more flack for pardoning Marc Rich, a disgraced financier who had fled to Switzerland after being indicted for evading more than $48 million in taxes, among other charges. Rich’s ex-wife Denise had donated over $1 million to Democrats and Clinton’s presidential library, raising questions and a Justice Department investigation into the pardon, which ultimately found no wrongdoing by Clinton.

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Trump also issued a flurry of pardons — 74, to be exact — in the final hours of his first term, with recipients including his former chief strategist Steve Bannon, rapper Lil Wayne and Al Pirro, the former husband of Fox News commentator Jeanine Pirro.

He had previously pardoned many other members of his inner circle who had been charged with various crimes, including Republican operative Roger Stone, former campaign chairman Paul Manafort and Charles Kushner — the father of his senior advisor, and son-in-law, Jared Kushner.

Charles Kushner, himself a real estate billionaire, pleaded guilty in 2004 to filing false tax returns, lying to the Federal Election Commission and retaliating against a witness: his own brother-in-law.

The case, prosecuted by then-U.S. Attorney Chris Christie, led to Kushner attempting an elaborate blackmail plot against his brother-in-law and former employee, William Schulder, who had become a witness for federal prosecutors. He hired a prostitute to sleep with Schulder, secretly videotaped the encounter and mailed the recording to Schulder’s wife — his own sister — who turned it over to authorities.

Kushner served about two years in prison before his release in 2006, and Trump cited his philanthropic record “of reform and charity” when pardoning him in 2020. Over the weekend, Trump announced he intends to nominate Charles Kushner to serve as ambassador to France.

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How does Hunter’s pardon fit into Biden’s clemency record?

Biden has pardoned 25 individuals and commuted 132 sentences during his tenure, according to Justice Department data. He has granted clemency to many more, including entire groups.

In 2022, he took executive action to pardon the more than 6,500 people convicted of simple marijuana possession under federal law and D.C. statute, which he expanded last year. Earlier this year, he issued a blanket pardon to LGBTQ+ service members removed from the military over their sexual orientation or gender identity.

Even so, Eisen says there is much more Biden could do before his term ends — including addressing the more than 8,000 petitions for clemency pending before his administration.

The Brennan Center, which describes itself as a nonpartisan law and policy organization, is among the groups urging the president to commute all death sentences to life without parole.

Last month, more than 60 members of Congress wrote Biden a letter asking him to use his authority to “help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers.”

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While Biden’s most recent — and most personal — pardon is in the spotlight, Eisen hopes he will take this opportunity to afford the same grace to many others who are already serving what she calls excessive sentences.

“President Biden has until January 20 to provide clemency for thousands of individuals who are appropriate clemency candidates who are sitting in federal prison right now,” Eisen says. “So there’s plenty of time.”

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How the federal government is painting immigrants as criminals on social media

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How the federal government is painting immigrants as criminals on social media

Getty Images, Dept. of Homeland Security and The White House via X/Collage by Emily Bogle/NPR

Two days after At Chandee, who goes by Ricky, was arrested by U.S. Immigration and Customs Enforcement, the White House’s X account posted about him, calling the 52-year-old the “WORST OF WORST” and a “CRIMINAL ILLEGAL ALIEN.”

Except that the photo the White House posted was of a different person. The post also incorrectly claimed Chandee had multiple felony convictions — he has one, for second-degree assault in 1993 when he was 18 years old. He shot two people in the legs and served three years in prison.

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At "Ricky" Chandee with his wife, Tina Huynh-Chandee.

At “Ricky” Chandee with his wife, Tina Huynh-Chandee.

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Via the Chandee family

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Chandee, who came to the U.S. as a child refugee, was ordered to be deported back to his home country, Laos. But Laos had not been accepting all of the people the U.S. wanted it to, so the federal government determined that it was likely infeasible to deport him, his lawyer Linus Chan told NPR. Chandee therefore was granted permission to stay in the U.S. and work so long as he checked in with immigration authorities periodically. He has not missed a check-in in over 30 years and has not had another criminal incident.

People who know Chandee do not see him as “worst of the worst.”

After Chandee completed his prison sentence, he finished school and became an engineering technician. He worked for the City of Minneapolis for 26 years, became a father, and his son grew up to join the military.

In his free time, Chandee enjoys hiking and foraging for mushrooms, Minnesota Public Radio reported.

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“We are proud to work alongside At ‘Ricky’ Chandee,” said Tim Sexton, Director of Public Works for the City of Minneapolis in a statement. “I don’t understand why he would be a target for removal now, why he was brutally detained and swiftly flown to Texas, or how his removal benefits our city or country.” Chandee is petitioning for his release in federal court.

Chandee’s case is not unique 

Social media accounts from the White House, the Department of Homeland Security and other immigration agencies have spent much of the past year posting about people detained in the administration’s immigration crackdown, typically portraying them as hardened, violent criminals. That’s even as over 70% of the people detained don’t have criminal records according to ICE data.

NPR’s research of cases in Minnesota shows that while many of the people who have been highlighted on social media do have recent, serious criminal records, about a quarter are like Chandee, with decades-old convictions, minor offenses or only pending criminal proceedings. Scholars of immigration, media and criminal law say such a media campaign is unprecedented and paints a distorted picture of immigrants and crime.

A year into President Trump’s second term, the X accounts of DHS and ICE have posted about more than 2,000 people who were targets of mass deportation efforts. Starting late last March, DHS and ICE began posting on X on a near daily basis, often highlighting apprehensions of multiple people a day, an NPR review of government social media posts show.

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Among the 2,000 people highlighted by the agencies, NPR identified 130 who were arrested by federal agents in Minnesota and tried to verify the government’s statements about their criminal histories.

In most of the social media posts, the government did not provide the state where the conviction occurred or the person’s age. Public court records do not tend to include photos so definitive identification can be a challenge.

NPR derived its findings from cases where it was able to locate a name and matching criminal history in the Minnesota court and detention system, in nationwide criminal history databases, sex offender databases, and in some cases, federal courts and other state courts.

In 19 of the 130 cases, roughly 1-in-7, public records show the most recent convictions were at least 20 years ago.

Seventeen of the 19 cases with old convictions did include violent crimes like homicide and first-degree sexual assault. ICE provided some of those names to Fox News as key examples of the agency’s accomplishments. “It’s the most disturbing list I’ve ever seen,” said Fox News reporter Bill Melugin on X, highlighting the criminal convictions of each person on the list.

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For seven people, their only criminal history involved driving under the influence or disorderly conduct.

ICE agents approach a house before detaining two people in Minneapolis on Jan. 13.

ICE agents approach a house before detaining two people in Minneapolis on Jan. 13.

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Six of the 130 Minnesota cases highlighted by the administration involved people with no criminal convictions. The government’s social media posts for those six instead rely upon the charges and arrests as evidence of their criminality, even though arrests don’t always lead to charges and charges can be dismissed.

In yet another case, the government highlighted a criminal charge even while noting it had been dismissed. (The person did have other existing convictions.)

For 37 of the 130 people, NPR was unable to confirm matching criminal history after consulting the databases and news coverage. Some of the names turned up no criminal history at all. The government said these people committed crimes ranging from homicide and assault to drug trafficking, and cited one by name to Fox News. NPR tried to reach out to all 37 people and their families for comment but did not receive a response from any.

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In a statement to NPR, DHS’s chief spokesperson Lauren Bis did not dispute NPR’s findings or provide documentation where NPR wasn’t able to confirm matching criminal history.

“The fact that NPR is defending murderers and pedophiles is gross,” Bis wrote. “We hear far too much about criminals and not enough about their victims.” before listing four of the people with old convictions of homicide and sexual assault, underlining the date of deportation order for three of them.

Images designed to trigger emotion

The stream of social media posts with photos of mostly nonwhite people are meant to draw an emotional response, says Leo Chavez, an emeritus professor of anthropology at the University of California, Irvine. They “have been used repeatedly over and over to get people to buy into, really drastic, drastic and draconian actions and policies,” he said.

Chavez, whose most recent book is The Latino Threat: How Alarmist Rhetoric Misrepresents Immigrants, Citizens, and the Nation, recalls how political campaigns in past decades presented images of Latinos — often men — without context. “Just by showing their image, showing brown people, particularly brown men, it’s supposed to be scary.”

The fact that the government’s social media posts come with statements about criminal history as well as photos reinforces that emotional response, Chavez said. DHS has previously acknowledged inaccuracies on their website. But even if the department issues corrections, Chavez said, “the goal was actually achieved, which was to reinforce the criminality and the visualization.”

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CNN’s analysis of DHS’s “Arrested: Worst of the Worst” website showed that for hundreds out of about 25,000 people posted on the website, the crimes listed were not violent felonies. Instead, DHS listed people with records that included traffic offenses, marijuana possession or illegal reentry. DHS said the website had a “glitch” that it will fix but also that the people in question “have [committed] additional crimes.”

“I’ve never seen anything like this when it comes to immigration enforcement in the modern era,” said Juliet Stumpf, a professor at Lewis & Clark Law School who studies the intersection of immigration and criminal law. She said the drumbeat of social media posts focused on specific individuals was like “FBI’s most wanted posters” or “like reality TV shows.”

Then-DHS Assistant Secretary for Public Affairs Tricia McLaughlin, flanked by deputy director of U.S. Immigration and Customs Enforcement Madison Sheahan, left, and Acting director of U.S. Immigration and Customs Enforcement Todd Lyons, speaks during a news conference at ICE Headquarters, in Washington, D.C., on May 21, 2025.

Then-DHS Assistant Secretary for Public Affairs Tricia McLaughlin, flanked by deputy director of U.S. Immigration and Customs Enforcement Madison Sheahan (left), and Acting director of U.S. Immigration and Customs Enforcement Todd Lyons, speaks during a news conference at ICE Headquarters, in Washington, D.C., on May 21, 2025.

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Stumpf drew a parallel with an incident from the 1950s when the U.S. government deported two permanent residents suspected of being communists. “The government was kind of proclaiming and celebrating their deportation because getting rid of these communists was making the country safer,” said Stumpf, “Maybe that’s comparable to something like [this].”

An analysis by the Deportation Data Project shows a dramatic increase in arrests of noncitizens without criminal records during President Trump’s current term compared to President Biden’s term.

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“If you look at research, immigrants actually tend to commit fewer crimes than even U.S. citizens do. And that’s true of immigrants who have lawful status here and immigrants who don’t,” said Stumpf. “If we have a number of social media posts that are painting immigrants as the worst of the worst…it’s actually really putting out a distorted version of reality about who immigrants actually are.”

Some claims are disputed by other authorities

In some posts, DHS and ICE have also used photos of people and statements about their criminal histories to burnish the federal government’s accomplishments, defend their agents and criticize states like Minnesota. State and local authorities have in turn pushed back, and some of the federal government’s claims about the people it has detained have been met with setbacks in the courts.

DHS accused Minnesota’s Cottonwood County of not honoring detainers, written requests by ICE to hold prisoners in custody for a period of time so ICE can pick them up. In one post, the agency identified a person who was charged with child sexual abuse, writing “This is who sanctuary city politicians and anti-ICE agitators are defending.”

The Cottonwood County sheriff’s office said DHS’s post “misrepresented the truth” in their own post on Facebook. According to their account, the county did honor the detainer but ICE said it was unable to pick up the person before the order expired and the county had to release the suspect.

The Minnesota Department of Corrections wrote in a blog post that dozens of people DHS listed on its “Worst of the Worst” website were not arrested as DHS described, but were transferred to ICE by the state because they were already in state custody. The Corrections Department has since launched a page dedicated to “correct the Department of Homeland Security’s (DHS) repeated false claims.”

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The “Worst of the Worst” website has some overlap with the department’s social media posts, but it contains a much larger number of people — over 30,000 nationally. It included a Colombian soccer star who was extradited to the U.S., tried in Texas, convicted of drug trafficking and served time in federal prison. The website incorrectly describes him as being arrested in Wisconsin. The soccer player, Jhon Viáfara Mina, recently finished his sentence early and returned to Colombia, according to Spanish newspaper El Diario Vasco.

In some instances, DHS and ICE wrote about incidents where they ran into conflict when carrying out arrests. In those posts, they named the arrestees and posted their photos. But in one case where the incident went to court, the government’s account of the events shifted. After a federal agent shot Julio C. Sosa-Celis in Minneapolis in January, DHS claimed he was lodging a “violent attack on law enforcement.” Assault charges against Sosa-Celis fell apart in court as new evidence surfaced, and the officers involved were put on leave.

Despite the fact that the charges were dropped, DHS’s post profiling Sosa-Celis remains online.

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Bill Clinton to testify before House committee investigating Epstein links

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Bill Clinton to testify before House committee investigating Epstein links

Former president Bill Clinton is scheduled to give deposition Friday to a congressional committee investigating his links to Jeffrey Epstein, one day after Hillary Clinton testified before the committee and called the proceedings “partisan political theatre” and “an insult to the American people”.

During remarks before the House oversight committee, Hillary Clinton, the former secretary of state, insisted on Thursday that she had never met Epstein.

The former Democratic president, however, flew on Epstein’s private jet several times in the early 2000s but said he never visited his island.

Clinton, who engaged in an extramarital affair while president and has been accused of sexual misconduct by three women, also appears in a photo from the recently released files, in a hot tub with Epstein and a woman whose identity is redacted.

Clinton has denied the sexual misconduct claims and was not charged with any crimes. He also has not been accused of any wrongdoing connected to Epstein.

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Epstein visited the White House at least 17 times during the early years of Clinton’s presidency, according to White House visitor records cited in news reports. Clinton said he cut ties with him around 2005, before the disgraced financier, who died from suicide in 2019, pleaded guilty to solicitation of a minor in Florida.

The House committee subpoenaed the Clintons in August. They initially refused to testify but agreed after Republicans threatened to hold them in contempt.

The Clintons asked for their depositions to be held publicly, with the former president stating that to do so behind closed doors would amount to a “kangaroo court”.

“Let’s stop the games + do this the right way: in a public hearing,” Clinton said on X earlier this month.

The committee’s chair, James Comer, did not grant their request, and the proceedings will be conducted behind closed doors with video to be released later.

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On Thursday, Hillary Clinton’s proceedings were briefly halted after representative Lauren Boebert leaked an image of Clinton testifying.

During the full day deposition, Clinton said she had no information about Epstein and did not recall ever meeting him.

Before the deposition, Comer said it would be a long interview and that one with Bill Clinton would be “even longer”.

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Read Judge Schiltz’s Order

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Read Judge Schiltz’s Order

CASE 0:26-cv-00107-PJS-DLM

Doc. 12-1 Filed 02/26/26

Page 5 of 17

and to file a status update by 11:00 am on January 20. ECF No. 5. Respondents never provided a bond hearing and did not release Petitioner until January 21, ECF Nos. 10, 12, after failing to file an update, ECF No. 9. Further, Respondents released Petitioner subject to conditions despite the Court’s release order not providing for conditions. ECF Nos. 5, 12–13.

Abdi W. v. Trump, et al., Case No. 26-CV-00208 (KMM/SGE)

On January 21, 2026, the Court ordered Respondents, within 3 days, to either (a) complete Petitioner’s inspection and examination and file a notice confirming completion, or (b) release Petitioner immediately in Minnesota and confirm the date, time, and location of release. ECF No. 7. No notice was ever filed. The Court emailed counsel on January 27, 2026, at 10:39 am. No response was provided.

Adriana M.Y.M. v. David Easterwood, et al., Case No. 26-CV-213 (JWB/JFD)

On January 24, 2026, the Court ordered immediate release in Minnesota and ordered Respondents to confirm the time, date, and location of release, or anticipated release, within 48 hours. ECF No. 12. Respondent was not released until January 30, and Respondents never disclosed the time of release, instead describing it as “early this morning.” ECF No. 16.

Estefany J.S. v. Bondi, Case No. 26-CV-216 (JWB/SGE)

On January 13, 2026, at 10:59 am, the Court ordered Respondents to file a letter by 4:00 pm confirming Petitioner’s current location. ECF No. 8. After receiving no response, the Court ordered Respondents, at 5:11 pm, to immediately confirm Petitioner’s location and, by noon on January 14, file a memorandum explaining their failure to comply with the initial order. ECF No. 9. Respondents did not file the memorandum, requiring the Court to issue another order. ECF No. 12. On January 15, the Court ordered immediate release in Minnesota and required Respondents to confirm the time, date, and location of release within 48 hours. ECF No. 18. On January 20, having received no confirmation, the Court ordered Respondents to comply immediately. ECF No. 21. Respondents informed the Court that Petitioner was released in Minnesota on January 17, but did not specify the time. ECF No. 22.

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