Days after his declaration of war at the Department of Justice, President Trump yesterday dropped another MOAB on social media. Biden’s pardons, the President declared, are null and of no effect, since President Autopen didn’t know what he was signing. Newsweek ran the story last night, headlined “Donald Trump sends warning to enemies as he says Biden pardons void.” Here is the digital shot heard ‘round the world:
Jumping to the end, Trump lacks the authority to cancel Biden’s pardons unilaterally, as he admitted in statements to reporters a few hours later. Onboard Air Force One last night, Trump said “it’s not my decision” whether Biden’s pardons can be voided (1:28), and agreed that it would ultimately be up to the courts.
So what then is this all about? More Trump trolling? A joke? Or was something there?
There was a clever legal purpose behind the tweet (Truth Social, I know). The legal effect of Trump’s tweet was that it was a notice. The key phrase was buried in the middle, which is that Biden’s pardonees are “subject to investigation at the highest level.” Thus, the parties have been publicly notified of the Administration’s position, which is that the pardons were flawed and ineffective.
In other words, investigations are legally appropriate, since the Administration plans to make that legal argument — arguing Biden’s pardons lacked legal capacity — when it brings charges.
Trump’s tweet was nothing less than a declaration of legal war against the architects of the stolen 2020 election, the January 6th charade, and dare I say, the felons who coordinated the pandemic’s worst excesses. Welcome to Phase Two— gloves off. Game on.
Overturn all of Bidens Pardons and Clemency and return the crinimals to prison to finish their terms
Adam and liz have never bee there. Not that they do not belong behind bars!