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Biden Legal Advisor Urges Congress to Curb Self-Pardoning by Presidents

Bob Bauer, a legal eagle straight out of President Biden’s inner circle and a past advisor to Barack Obama, thinks Congress should really get on the ball and slap some legislation into place to stop presidents from pulling a fast one by pardoning themselves. This suggestion comes with all the charm of a bureaucratic wet blanket, and while one might appreciate the sentiment, it raises the question: why is a sitting president’s ability to pardon himself even up for debate?

Bauer recently aired his thoughts during an episode of Stay Tuned with Preet, hosted by a podcast personality that sounds like he’s on a continuous mission to remind everyone of his former prosecutor status. During this tête-à-tête, Bauer mused that while the Constitution does not expressly prohibit self-pardons, Congress should play the role of the concerned parent and set up some “roadblocks.” It’s as if Bauer believes self-pardoning should come with more red tape than a permit to sell lemonade at a lemonade stand in the front yard.

Further adding color to the debate, Bauer hinted that the Office of Legal Counsel’s analysis of self-pardons was a bit flimsy. In his estimation, the analysis indicated that while self-pardons might be shady, they’re not outright unconstitutional. It’s nearly comical to see someone argue that something is dubious but not necessarily wrong. That’s politician-speak for “let’s dance around the issue until we can muster the political will to do something about it.”

The issue of self-pardons is brought to the forefront against the backdrop of former President Donald Trump’s legal escapades. Having been found guilty in May of a staggering 34 counts of falsifying business records, Trump’s looming sentence is set to land in September. Not only is he dodging legal bullets resulting from the election chaos, but there’s also a constant buzz around how he may utilize future powers—should he win the presidency again—to pardon himself from federal charges. This is enough to make any politician in Washington clutch their pearls. 

 

Bauer warned that Congress has a vested interest in keeping the presidential pardon power in check. He encouraged Congress to exercise their oversight abilities, investigations, and, if all else fails, impeachment. It’s hard not to chuckle at the envisioning of Congress putting in the effort to chase down self-pardons like kids hunting for Easter eggs in the backyard, convinced there’s a grand prize to be had. But does Bauer truly believe this legislation would change the habits of politicians? Or is it simply an exercise in making themselves feel important? As usual, the political theater continues to unfold, complete with bureaucratic dramatics and a sprinkle of irony.

Written by Staff Reports

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