Just Some Quick Thoughts on Trump’s invalidation of the Biden Regency pardons on the basis they weren’t signed but done by autopen. There is some clutching of pearls going on, but it may well be a stroke of genius. At any rate, I don’t see any real significant downside from it.
The fact is, the use of the autopen for almost all of the Biden Regency is of concern and frankly a bit of dubious legality. There are legal reasons the President is supposed to sign documents in person, and in the past such events were documented and even turned into small events with people effected present. Pretty much what DJT has done since resuming office.
Now, there are already questions being asked about the legality and other considerations for various things, and there are implications that it could negate almost everything done by the Regency. Problem is, courts are going to be leery about touching same and once again “standing” is likely to be used as an excuse to avoid the issue and run out the clock.
By making his declaration, Trump just waved a red flag in front of the Deep State. Those holding pardons now are directly effected and five will get you ten that some are already with lawyers looking to both judge shop and challenge the declaration. Since they are directly effected, they have standing. What’s more, it will be them and the DNC who start the ball rolling in the courts.
Once it is rolling, the issues of the legitimacy of any and all actions taken by the Biden Rengency in which things were signed with the autopen becomes fair game, though I suspect strongly efforts will be made to try to firewall each section. Not sure it will stand up, though since I’m not a lawyer I don’t know all the tricks for trying to make such stick.
Thing is, once that ball is rolling, and even with the courts doing their best to avoid it, the lawsuits will eventually focus on the validity of all actions of the Biden Regency. If the DNC is smart, they will sacrifice those pardoned to avoid getting into that briar patch. Don’t think they are that smart, and even if so bet one of those pardoned will jump the gun and get the ball rolling.
So, worst case: courts find a way other than standing to avoid taking the case and doing anything if forced to do so. Standing and other issues for the obfuscation and avoidance.
Medium case: Courts take, tap dance, and use injunctive relief to prevent DJT from enforcing order. Expect to see a lot of foot dragging, particularly if the midterms are in any way not a disaster for the DNC, hoping to get to drop things in the next administration.
Moderate case: Court does take the case and rules on the use of the autopen based on Constitutional law and rules the pardons void. Guaranteed appeals. Guaranteed opening to challenge the legitimacy of all laws signed and all actions taken during the Regency.
Not-So-Moderate case: Court takes the case but overturns Constitutional law on signatures. In which case, expect a fight to the SC which will also be a referendum on the judiciary and role of same. Betting Roberts will try to punt and dice the baby, but… This would bring about a true crisis (and, no right now we do not have one or more Constitutional crises going on) and things could get interesting.
There are a couple of others, but the worst that can happen to the current administration is to be told “you can’t do that” on a temporary or permanent basis. Meantime, lot of Deep State types are going to be scrambling, off balance, and not focused on efforts to derail what DJT is doing. What do you want to bet that there is some new effort/policy that will hit in the middle of this while the DNC and players are off balance again?
Now, if we could only get our Congresscritters to make all these cuts and policies into law so they can’t be wiped out with the stroke of a pen… Sigh.
UPDATE: For those who didn’t get it, I’m not talking about this as a matter of law. That is peripheral to it being done as a matter of strategy. This is examining the strategy and strategic implications.
UPDATE II: Tuesday 18 March 25, over at PJ Media is this excellent article by Matt Margolis on possible forgery on those signatures not signed by auto pen. So, add to the mix the possibility of this being done to force court cases on at least three fronts (autopen legality, forgery of official documents, and the legitimacy of the Biden Regency), with the cases being brought by Democratic politicians. Right now, if Trump tried to bring these, probably a no go and easy cosmetic (short term) victory for the DNC. By forcing certain politicians and groups to file the court cases, it takes that off the table and forces the issues on the courts. Which is a whole nother kettle of fish (if the grammar nazi choir will allow such phrasing), but…
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Affected.
yes. there is a difference.
Dang right. Uses “effect” incorrectly every time.
Please see my response to Doc.
Noted.
STRONGLY second Barnett’s correction. Please, learn the difference. Using affect/effect incorrectly is a trivial error that grates; it also suggests -or rather, reveals – that the writer is an ignoramus unworthy of further consideration. A classic marker of credentialed, not educated.
And that’s from someone who wholeheartedly agrees with your position and analysis. All of it.
Some food for thought: I am doing these on the fly, unpaid, and yes I failed to double-check the AP stylebook before publishing. As for the “classic marker” braggadocio/pomposity, lets see how well you do with typos and word choices after you’ve been hit by lightning.
The primary problem here is the there was the easy *ability* to have done it. It will never *not* be in some level of doubt.
That ability needs to be removed to prevent this issue in the future.
Yes, undoing some of the horrors and stupidities of the Biden farce would also be good, but we already managed to survive that, so it’s a lesser issue than preventing it from happening again (and if it were to happen again, it seems extremely likely to be far worse, with more effort put into making it a permanent state of affairs).
Why is Joe Biden silent? If he went to microphone and stated “Yes, I authorized these pardons to be signed by autopen”, there is no issue.
The fact that Biden has not done so, suggests that Trump may know something that is not public knowledge.
One wonders if there is still a fight among the Democrat factions. Biden is a jealous and spiteful person, who resents being pushed out. Perhaps he’s resisting any such attempt to make this go away, either because it’s not true or just because he wants to fight.
Personally, I have no doubt that Joe Biden’s vicious vindictiveness is a factor in this. Even fully addled, that streak is there and it is nasty. Just as he (and/or his wife and family) worked against the DNC and Kamala in the election, he are looking for some payback. I see several ways for them to get it too.
The Supremes will do everything to avoid taking this matter up. Without direct and clear evidence of fraud, they’ll tell Trump to shut up and color–that there’s no evidence to support his claim. And, as long as there is enough grift money, promises, and/or threats around to keep the Biden insiders in line, there will be no direct and clear evidence.