16 Comments
User's avatar
Halsey Burks's avatar

People can complain about The Orange Man all they want, but this Biden presidency is going to go down as the worst in modern history. Absolutely unbelievable the stuff they pulled off as normal, no big deal, don’t believe your eyes/ears.

Expand full comment
Gbill7's avatar

Peter, do you know what the steps for the Trump administration to take are? That is, does Bondi begin investigating, then Congress has to act, or what?

Expand full comment
Peter Nayland Kust's avatar

The DoJ is already investigating. That was an earlier Trump Executive Order.

The question is at what point is the evidence sufficient to justify challenging some of the Biden pardons.

Expand full comment
Shirlee's avatar

Will Congress act on this information?

Expand full comment
Peter Nayland Kust's avatar

I don't think this is up to Congress.

If the pardons are invalid, then people like Fauci are now fair game.

This is going to end up in front of the Supreme Court.

Expand full comment
Ted's avatar

The pardons where one of Biden’s staff wrote I approve could be invalid; the problem is Biden could just say he had verbally approved them there’s nothing constitutionally that states pardons have to be done in writing.

Expand full comment
Mystic William's avatar

Does issuing stern warnings count? Does speaking in sound bites for five minutes each count? Because if so, then gosh darn it, they sure will.

Expand full comment
Peter Nayland Kust's avatar

I'm not sure the autopen scandal is something Congress can substantively address, other than the usual (and generally performative) oversight committee hearings.

The use of the autopen itself is not the legal or Constitutional problem. The problem is the decision-making that goes ahead of the autopen.

Congress could adopt a resolution rejecting the Bush-era OLC memorandum opinion, but realistically the Congress would be out of step with centuries of English and American common law if they did so.

It's unclear to what extent even impeachment is a possibility, as the White House staffers involved might not qualify as civil officers of the United States.

That is why this is a true Constitutional crisis, as we are looking at a breakdown in the structure and hierarchy of the Executive Branch itself. This is the system coming completely off the rails--this is not the system working badly, this is the system not working at all.

How does an Executive Branch police itself to ensure that the decisions which must be made only by the President are in fact made only by the President?

I don't know that Congress is Constitutionally equipped to answer that question.

Expand full comment
Mystic William's avatar

It might be you have to charge the staffer with forgery. Thereby voiding their pardons.

Expand full comment
Peter Nayland Kust's avatar

There's certainly a case building for charging White House staffers with something.

Expand full comment
Mystic William's avatar

If you can successfully prove a staffer made the decision then the next step is to declare there were few if any Biden pardons. All the rest were staffer opinions on who should be let off the hook. Or by bribed staffers.

Expand full comment
Peter Nayland Kust's avatar

That's where it gets interesting. There is already email evidence of Jeffrey Zeints saying "I approve" with respect to certain pardons.

Even Clintonian word parsing is challenged to cover that bit of sel-incrimination.

Last year I would have bet bigly against this issue going anywhere. Now there's a real possibility this turns into a corruption scandal for the ages

Expand full comment