These deeply weird preventive pardons are an abuse of power in two ways: First, the farcical overreach of the type of pardon. Second, the nepotism of who gets it.
Like jury nullification, presidential pardons are a cool feature, an emergency power where a more immediate and personal instance of power can instantly correct a malfunction of the slower legal system or the even slower legislation behind it. Add a human element of mercy to a cold process machinery. But that's not how it has been used for over half a century. It's not an emergency power, it's routine, and the scope is no longer to just revert a court's final decision.
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The most favorable interpretation I can make of Biden's actions is that it's a challenge to the Supreme Court: Pardon someone from sentencing for a crime not yet sentenced, not yet prosecuted, not yet investigated, not yet even defined, and dare SCOTUS to set some limit, any limit, on what the President can do.
But I don't believe that interpretation. He didn't say that's what he's doing. It's much simpler, and pettier.
I believe the motivation he provided: He is committing this abuse of power in anticipation of another's abuse of power.
But it's still an abuse of power, and an unprecedented one. Apparently, it's: When they go low, anticipate them and go low first.
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Band name:
Preposterous Preventive Presidential Pardons
Or, Preposterous Pardons for short.
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