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WSJ Editorial Board: What Biden’s Lawfare Has Wrought
Posted on: December 6, 2024 at 12:21:18 CT
Spanky KU
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https://www.msn.com/en-us/news/politics/opinion-what-biden-s-lawfare-has-wrought/ar-AA1vlUHx?ocid=hpmsn&cvid=1e6d7e492f39460ad9a7aa764bd199d0&ei=112
Now that President Biden has granted his son Hunter one of the broadest federal pardons in history, Democrats are debating whether Mr. Biden should hand out similar pre-emptive clemency like Christmas stocking stuffers. If Mr. Biden goes along, it will be another broken democratic norm, and another swirl into the lawfare spiral.
The pardon that Mr. Biden signed Sunday forgives Hunter for every federal crime he might have committed over a decade. Democrats are fearful of payback when Donald Trump retakes power on Jan. 20, and Mr. Biden wants to shield Hunter from future investigation. If Mr. Biden is willing to do that for his son, the argument goes, how much more deserving of protection are, say, Rep. Liz Cheney, Anthony Fauci, or Gen. Mark Milley?
But pre-emptive pardons for outgoing officials would be a bad precedent, a constitutional abuse, and the next lawfare escalation—as if the country hasn’t had enough of those. Mr. Trump’s conduct after losing the 2020 election was disgraceful. But there were prudential reasons to oppose prosecuting a former President, whom the voters had already fired, using novel legal theories. Four indictments later, voters returned Mr. Trump to the White House.
Perhaps Mr. Biden thinks mass clemency would put this ugliness in the past. Instead it would establish a precedent that Presidents on their way out the door will grant immunity to lists of loyal staff and officials. The risk is developing a culture of impunity, if people in the next Administration expect the same absolution from their guy in four or eight years. Given how much Democrats are already fretting about Mr. Trump’s nomination of Kash Patel to lead the FBI, do they want to set an expectation that Mr. Patel will get a blanket pardon in December 2028?
If Mr. Biden really wants to cool the political temperature, he could pardon Mr. Trump for the two federal cases brought by special counsel Jack Smith. This would be a political olive branch that might stop the reprisal ratchet. The state indictments of Mr. Trump in New York and Georgia are out of Mr. Biden’s control, though he could urge those Democratic prosecutors to drop them for the greater good.
Mr. Trump could also clarify he isn’t out for vengeance. Especially on his Truth Social site, it’s hard to keep track of everyone he has said belongs in the clink. “They ought to throw Deranged Jack Smith and his Thug Prosecutors in jail, with Meritless Garland,” to pick one post. Ms. Cheney, too. Yet here’s what Mr. Trump said in 2016: “Hillary Clinton has to go to jail, OK? She has to go to jail.” His Administration didn’t prosecute Mrs. Clinton.
At times Mr. Trump has signaled a similar turn this go round. “My retribution is going to be success,” he said during his debate against Mr. Biden. If he leaned into that message, it would do the country good. Whatever the case, though, Mr. Biden would be compounding his mistake with Hunter’s pardon if he offers similar pre-emptive immunity to all and sundry of his political allies.
Now that President Biden has granted his son Hunter one of the broadest federal pardons in history, Democrats are debating whether Mr. Biden should hand out similar pre-emptive clemency like Christmas stocking stuffers. If Mr. Biden goes along, it will be another broken democratic norm, and another swirl into the lawfare spiral.
The pardon that Mr. Biden signed Sunday forgives Hunter for every federal crime he might have committed over a decade. Democrats are fearful of payback when Donald Trump retakes power on Jan. 20, and Mr. Biden wants to shield Hunter from future investigation. If Mr. Biden is willing to do that for his son, the argument goes, how much more deserving of protection are, say, Rep. Liz Cheney, Anthony Fauci, or Gen. Mark Milley?
But pre-emptive pardons for outgoing officials would be a bad precedent, a constitutional abuse, and the next lawfare escalation—as if the country hasn’t had enough of those. Mr. Trump’s conduct after losing the 2020 election was disgraceful. But there were prudential reasons to oppose prosecuting a former President, whom the voters had already fired, using novel legal theories. Four indictments later, voters returned Mr. Trump to the White House.
Perhaps Mr. Biden thinks mass clemency would put this ugliness in the past. Instead it would establish a precedent that Presidents on their way out the door will grant immunity to lists of loyal staff and officials. The risk is developing a culture of impunity, if people in the next Administration expect the same absolution from their guy in four or eight years. Given how much Democrats are already fretting about Mr. Trump’s nomination of Kash Patel to lead the FBI, do they want to set an expectation that Mr. Patel will get a blanket pardon in December 2028?
If Mr. Biden really wants to cool the political temperature, he could pardon Mr. Trump for the two federal cases brought by special counsel Jack Smith. This would be a political olive branch that might stop the reprisal ratchet. The state indictments of Mr. Trump in New York and Georgia are out of Mr. Biden’s control, though he could urge those Democratic prosecutors to drop them for the greater good.
Mr. Trump could also clarify he isn’t out for vengeance. Especially on his Truth Social site, it’s hard to keep track of everyone he has said belongs in the clink. “They ought to throw Deranged Jack Smith and his Thug Prosecutors in jail, with Meritless Garland,” to pick one post. Ms. Cheney, too. Yet here’s what Mr. Trump said in 2016: “Hillary Clinton has to go to jail, OK? She has to go to jail.” His Administration didn’t prosecute Mrs. Clinton.
At times Mr. Trump has signaled a similar turn this go round. “My retribution is going to be success,” he said during his debate against Mr. Biden. If he leaned into that message, it would do the country good. Whatever the case, though, Mr. Biden would be compounding his mistake with Hunter’s pardon if he offers similar pre-emptive immunity to all and sundry of his political allies.
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WSJ Editorial Board: What Biden’s Lawfare Has Wrought - Spanky KU - 12/6 12:21:18
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