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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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Discussion (37)
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I like it.
"Here's your menu for next week with extra ice cream, Mr. President. Just sign right here."
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Except on January 19, the menu would just be for the next DAY.
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But will Joe know that?
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Probably not. They could have told him some time ago that he'd already served two terms. Although then it might have been more difficult to get him to sign things.
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The 25th is available, and I think a quick impeachment would be delightful. Otherwise, his handlers have the full power of the presidency.
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