Should we wake the President?

Justin Other Lawyer
Justin Other Lawyer
3712
 

Charlie Cooke at NRO has a Corner post detailing discussions within the White House advocating preemptive pardons for Biden allies. Perhaps most curious, however, is that Mr. Biden is not involved in those discussions at this point. This got me thinking…

Obviously, the constitutional pardon power is exclusive to the President and is generally unreviewable. But what happens to a pardon if it can be argued that the president didn’t understand what he was doing or was incapable of making the decision? Do we even know whether Mr. Biden knows he pardoned Hunter? Should the judges in Hunter’s matters ask for a sworn statement from Mr. Biden?

In most areas of the law, incapacity is grounds for voiding contracts, wills, etc. I can’t imagine that pardons should be any different just because someone had access to the seal and auto-pen. It’s not hard to imagine staffers shoving papers in front of Biden for him to sign on January 19. Is it too much to imagine him having little or no idea what he’s signing?

Seems possible to me. What do you all think?

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  1. The Reticulator Member
    The Reticulator
    @TheReticulator
    2:35 AM EST ⋅ Dec 9, 2024

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job. 

    • #31
  2. kedavis Coolidge
    kedavis
    @kedavis
    12:25 PM EST ⋅ Dec 9, 2024

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job.

    You think giving pardons is a “job?”  All he has to do is sign pieces of paper.

    • #32
  3. The Reticulator Member
    The Reticulator
    @TheReticulator
    1:15 PM EST ⋅ Dec 9, 2024

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job.

    You think giving pardons is a “job?” All he has to do is sign pieces of paper.

    Yes, it’s a job.  He has to make the final decisions on who to pardon, and whose recommendations to listen to, and whose enmity to risk.   There are a lot of people who would like to lobby for his attention on that.  I’ve learned here that there is an office through which those recommendations are usually funneled, but I’ll bet Hunter’s pardon didn’t go through that office in its normal sequence of affairs.   

    • #33
  4. kedavis Coolidge
    kedavis
    @kedavis
    1:21 PM EST ⋅ Dec 9, 2024

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job.

    You think giving pardons is a “job?” All he has to do is sign pieces of paper.

    Yes, it’s a job. He has to make the final decisions on who to pardon, and whose recommendations to listen to, and whose enmity to risk. There are a lot of people who would like to lobby for his attention on that. I’ve learned here that there is an office through which those recommendations are usually funneled, but I’ll bet Hunter’s pardon didn’t go through that office in its normal sequence of affairs.

    You have more faith in Biden actually working than seems to be justified.

    • #34
  5. The Reticulator Member
    The Reticulator
    @TheReticulator
    1:37 PM EST ⋅ Dec 9, 2024

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job.

    You think giving pardons is a “job?” All he has to do is sign pieces of paper.

    Yes, it’s a job. He has to make the final decisions on who to pardon, and whose recommendations to listen to, and whose enmity to risk. There are a lot of people who would like to lobby for his attention on that. I’ve learned here that there is an office through which those recommendations are usually funneled, but I’ll bet Hunter’s pardon didn’t go through that office in its normal sequence of affairs.

    You have more faith in Biden actually working than seems to be justified.

    There’s no question he had a diminished ability to keep up, much less take charge, but it was work just the same.   

    • #35
  6. kedavis Coolidge
    kedavis
    @kedavis
    2:11 PM EST ⋅ Dec 9, 2024

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):

    The Reticulator (View Comment):

    kedavis (View Comment):
    To the extent that power comes just from the title, then it’s still the same thing. He didn’t want to do the actual work of the job, such as putting together legislation and getting it passed. Staff does most of that anyway.

    Power never comes just from the title, though sometimes titles can be put to use in exercising power. But the title alone is not enough.

    I’m pretty sure that nobody but the person with the title of President can issue pardons.

    In other words, you were wrong when you said that Biden wanted only the title, and not the job.

    You think giving pardons is a “job?” All he has to do is sign pieces of paper.

    Yes, it’s a job. He has to make the final decisions on who to pardon, and whose recommendations to listen to, and whose enmity to risk. There are a lot of people who would like to lobby for his attention on that. I’ve learned here that there is an office through which those recommendations are usually funneled, but I’ll bet Hunter’s pardon didn’t go through that office in its normal sequence of affairs.

    You have more faith in Biden actually working than seems to be justified.

    There’s no question he had a diminished ability to keep up, much less take charge, but it was work just the same.

    If we could be sure that FJB even did that.  With pre-made stamps and auto-pens etc, maybe he didn’t.

    • #36
  7. E. Kent Golding Moderator
    E. Kent Golding
    @EKentGolding
    6:22 PM EST ⋅ Dec 9, 2024

    Arahant (View Comment):

    kedavis (View Comment):
    I’ve said for years, even before Biden got to VP, that he only ever wanted the title(s), not the job(s).

    Me, too, man. Me, too. No, not saying that. I mean, I want the title without the work. I definitely want a campaign without having to shake hands, for instance. Those people might have germs.

    I just want the money

    • #37
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