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thesquanderer

(12,381 posts)
Wed Dec 4, 2024, 09:46 AM Dec 4

A case for Biden pardoning Trump

Okay, I can't believe I'm even saying this, since my gut is so invested in the other direction, but with the talk of not just Manchin but even Clyburn also saying he could support Biden pardoning Trump, I had to give it some more thought, and here's what I realized:

A Biden pardon is irrelevant to Trump's legal issues. So then the question is whether there is any benefit--to Biden, the Democrats, or the country--to have Biden pardon him.

The reason I say a Biden pardon is irrelevant to Trump's legal issues is that the Federal cases (the only ones Biden can pardon him for) are going to go away regardless. Either he'll get his DOJ people to drop them, or he will pardon himself, or if all else somehow failed to sufficiently close the door, he'd resign the presidency near the very end of of his term (perhaps for "health reasons" ) and have Vance pardon him a la Ford. (Heck, he probably wouldn't even have to resign, merely create some time when Vance would be "acting president" via 25th amendment, section 3.) I think it is realistic to say that the federal cases are NOT going to happen, period.

That being the case, what good does a Biden pardon do for Trump? Not much. Save him a little effort maybe. Or maybe he'd find a way to score some rhetorical points off of it. But in the end, it provides no actual change to Trump's legal status. Therefore, I think the remaining question is what advantages it might have for Biden, the Dems, or the country. And with Trump's legal status not truly being at issue, I think the answer to that balance of advantages vs. drawbacks is not entirely clear, and could at least be worthy of further thought and analysis.

It has been said by many, for a long time, that the fact that the federal cases go away may have been the the over-riding reason Trump ran for another term in the first place. Since he did win, his federal legal jeopardy is essentially over, and a Biden pardon is moot from his perspective. So the remaining question is whether there might be some benefit from our perspective, and I"m not sure what the answer is. I'm keeping an open mind.

63 replies = new reply since forum marked as read
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A case for Biden pardoning Trump (Original Post) thesquanderer Dec 4 OP
No way. The damage it would do to the Democratic base would take decades to recover from. yourout Dec 4 #1
Decades? How about a century? IzzaNuDay Dec 4 #61
No pardon ever !!!!!! No no no no no..... #LockUpTrump Trueblue1968 Thursday #63
No. Machin is stupid for even suggesting it. Fuck that. Autumn Dec 4 #2
Nothing justifies Biden pardoning Trump, displacedvermoter Dec 4 #3
No snowybirdie Dec 4 #4
Rep. Crockett claudette Dec 4 #13
Not buying a pardon 303squadron Dec 4 #5
You're absolutely right. At least we have Jack Smith yorkster Dec 4 #24
re: "Jack Smith's cases can be reopened." thesquanderer Dec 4 #42
Joyce Vance would disagree 303squadron Dec 4 #58
Can you elaborate? Or point to a link? thesquanderer Dec 4 #60
Only positive I see is it would embarrass Trump. Callie1979 Dec 4 #6
No. (nt) Paladin Dec 4 #7
Nope. Just nope. Tommy Carcetti Dec 4 #8
Absolutely NOT claudette Dec 4 #9
Yes he belongs in prison. But he's not going to end up in federal prison whether Biden pardons him or not, thesquanderer Dec 4 #43
Prosecuting yes, pardoning no. Johonny Dec 4 #10
Just FTS! MineralMan Dec 4 #11
What does FTS mean? n/t thesquanderer Dec 4 #44
I'll take a guess at "Fuck This Shit!" (nt) muriel_volestrangler Dec 4 #49
The T is for "that" MineralMan Dec 4 #51
Biden could wrap a Trump pardon with a tranche of other pardons Prairie Gates Dec 4 #12
Basically pardoning him after he's escaped justice HereForTheParty Dec 4 #14
No. Biden repeating Ford's mistake should not be on the table. nt Gore1FL Dec 4 #15
MAGA will see a pardon as proof that Trump never did anything wrong Ohioboy Dec 4 #16
I think they will believe the same, whether pardoned or not. (n/t) thesquanderer Dec 4 #45
🗑 dweller Dec 4 #17
Worst possible move we could make. Trump and his flying monkeys will be travelingthrulife Dec 4 #18
That will be the day that I stop supporting Dems the_liberal_grandpa Dec 4 #19
It would make the narrative of his crimes being a Democratic witch hunt pretty hard to sustain ColinC Dec 4 #20
For the good of the country bucolic_frolic Dec 4 #21
re: "If you're going to give something, get something." thesquanderer Dec 4 #46
It could be written crud Dec 4 #22
Manchin was always Republican lite LW1977 Dec 4 #23
lite? Think. Again. Dec 4 #55
... Celerity Dec 4 #57
wow, I've never seen those! Think. Again. Dec 4 #59
There is no case for pardoning him. sinkingfeeling Dec 4 #25
No. NO. NO Charging Triceratops Dec 4 #26
HELL NO berksdem Dec 4 #27
It would be like kissing the ring. I would change my dem affiliation immediately if he did that. CrispyQ Dec 4 #28
At this point it doesn't make much difference, trump is free and will resume office in January. While I agree Silent Type Dec 4 #29
Show NO QUARTER to DonOLD tRump! ProudMNDemocrat Dec 4 #30
If TSF steps down first. Blues Heron Dec 4 #31
Just no. Groundhawg Dec 4 #32
Is this another example of The Art of the Deal? If so, what do we get? Ping Tung Dec 4 #33
Go ahead if you never want people voting for a Democrat again, ever. ZonkerHarris Dec 4 #34
No. Scrivener7 Dec 4 #35
Not a chance EnergizedLib Dec 4 #36
I thought Trump was an existential threat to Democracy and also a Fascist. That's what we were told anyway. jalan48 Dec 4 #37
Notice that this post received ZERO RECS AKwannabe Dec 4 #38
I kind of expected this to sink like a stone, but I wonder if I may have set some sort of record... thesquanderer Dec 4 #62
You want them calling us Weak on Crime? Emile Dec 4 #39
If those with power, who made a point of telling the world how dangerous Trump is, surrender Solly Mack Dec 4 #40
I'm glad this OP is getting flamed tenderfoot Dec 4 #41
Never Meowmee Dec 4 #47
Well, it's a terrible case. flvegan Dec 4 #48
Absolutely not standingtall Dec 4 #50
Correct. That was in my OP as well. He can only be pardoned for federal crimes... thesquanderer Dec 4 #53
the entire idea is disgusting. nt ecstatic Dec 4 #52
NO! Owl Dec 4 #54
Here we go Cirsium Dec 4 #56

yourout

(8,099 posts)
1. No way. The damage it would do to the Democratic base would take decades to recover from.
Wed Dec 4, 2024, 09:50 AM
Dec 4

We're having a hard enough time getting people to come out and vote for us so the last thing we need to do is pardon Trump.

IzzaNuDay

(651 posts)
61. Decades? How about a century?
Wed Dec 4, 2024, 06:48 PM
Dec 4

This mess started 50 years ago when Ford pardoned Nixon. I don't seeing something like this resolved in my lifetime, and certainly not the US existing as a nation.

Trueblue1968

(18,222 posts)
63. No pardon ever !!!!!! No no no no no..... #LockUpTrump
Thu Dec 5, 2024, 02:01 AM
Thursday

#LockUpTrump !!!!!


No pardon for Rump !!!!!!!

snowybirdie

(5,664 posts)
4. No
Wed Dec 4, 2024, 09:51 AM
Dec 4

How can there be a resistance if Biden capitulates to the right wing? Trump is my enemy and we need to fight his regime

303squadron

(688 posts)
5. Not buying a pardon
Wed Dec 4, 2024, 09:52 AM
Dec 4

Jack Smith’s cases can be reopened. We know that he did that on purpose.

At some point we still have hope for justice.

Also, fuck the Orange shit weasel!

yorkster

(2,476 posts)
24. You're absolutely right. At least we have Jack Smith
Wed Dec 4, 2024, 10:47 AM
Dec 4

and Judge Chutkan on record as leaving the cases open until Trump regime ends.
Hope the hell it's "only" 4 yrs.

No pardon for Trump.

thesquanderer

(12,381 posts)
42. re: "Jack Smith's cases can be reopened."
Wed Dec 4, 2024, 04:03 PM
Dec 4

For the reason I explained in the OP, I don't see Trump leaving office with any ability for those cases to be re-opened.He essentially has the power to shut them down permanently. That's why I said a pardon doesn't give him any legal relief that he won't end up having anyway.

thesquanderer

(12,381 posts)
60. Can you elaborate? Or point to a link?
Wed Dec 4, 2024, 06:45 PM
Dec 4

I mean I know that, as of now, it is true (at least if whoever is running the DOJ in 2029 thinks it's a good idea)... but as I said in the OP, once Trump takes office, from what I can tell, he has numerous ways of assuring that that does not happen, which I described.

Callie1979

(151 posts)
6. Only positive I see is it would embarrass Trump.
Wed Dec 4, 2024, 09:56 AM
Dec 4

"There there; we're going to take away your convictions you poor soulless bastard"

thesquanderer

(12,381 posts)
43. Yes he belongs in prison. But he's not going to end up in federal prison whether Biden pardons him or not,
Wed Dec 4, 2024, 04:05 PM
Dec 4

that was pretty much my point. Our only real hope, I think, is that he can end up convicted of state charges, which he doesn't have the control over.

Prairie Gates

(3,422 posts)
12. Biden could wrap a Trump pardon with a tranche of other pardons
Wed Dec 4, 2024, 10:00 AM
Dec 4

For example, he can say "We have to move on from these issues. So, I am issuing a pardon for

1) Trump
2) Jack Smith and his entire staff, as well as any federal officer involved in any of his investigations
3) All members of the January 6 Committee and their entire staffs, and any witnesses who testified before the committee
4) All non-violent January 6 defendants not convicted of sedition or conspiracy or insurrection (he should consider reducing some of the sentences for non-violent ones, however)
5) Any federal officer involved in January 6 investigations or prosecutions
6) Any officer of any state or local court who has been involved in Trump investigations, election interference investigations, etc.

This would put Trump in a position where he would have to issue pardons to VIOLENT January 6 offenders, as well as those convicted of sedition, seditious conspiracy, or insurrection. It would also significantly limit the revenge prosecutions that are in the offing.

Biden should also continue to follow up with large numbers of pardons for those caught up in the drug war. Not everybody, of course (you don't want to release El Chapo), but large numbers of the otherwise decent citizens who got gaffled up by the draconian enforcement and sentencing mechanisms for which Biden himself was partly responsible.

Ohioboy

(3,487 posts)
16. MAGA will see a pardon as proof that Trump never did anything wrong
Wed Dec 4, 2024, 10:05 AM
Dec 4

MAGA wants to believe all of Trump's crimes are just a witch hunt. A pardon would be looked at as confirmation of their false narrative.

travelingthrulife

(882 posts)
18. Worst possible move we could make. Trump and his flying monkeys will be
Wed Dec 4, 2024, 10:10 AM
Dec 4

screeching that he has been 'exonerated' from the highest rooftops.

Again, haven't we just seen this movie...Russia, Russia, Russia.

ColinC

(10,884 posts)
20. It would make the narrative of his crimes being a Democratic witch hunt pretty hard to sustain
Wed Dec 4, 2024, 10:13 AM
Dec 4

It could also undermine the victim stance that Trump has used to a huge success...


There are a lot of bad things about this idea too though.

bucolic_frolic

(47,316 posts)
21. For the good of the country
Wed Dec 4, 2024, 10:14 AM
Dec 4

a pardon wrapped around immediate resignation should be considered. If you're going to give something, get something.

thesquanderer

(12,381 posts)
46. re: "If you're going to give something, get something."
Wed Dec 4, 2024, 04:11 PM
Dec 4

While I like your idea, my premise is kind of based on the fact that granting a pardon doesn't actually give him anything (i.e. it gives him nothing he wouldn't end up having anyway).

crud

(828 posts)
22. It could be written
Wed Dec 4, 2024, 10:25 AM
Dec 4

in such a way, including all the charges and evidence of guilt. Spell out all the crimes for which he is being pardoned. Make it a damning document for the ages. He's already gonna get off. Folks need to know what he did.

CrispyQ

(38,453 posts)
28. It would be like kissing the ring. I would change my dem affiliation immediately if he did that.
Wed Dec 4, 2024, 11:19 AM
Dec 4

No, no, no, no, no. Bad idea!!

Silent Type

(7,149 posts)
29. At this point it doesn't make much difference, trump is free and will resume office in January. While I agree
Wed Dec 4, 2024, 11:23 AM
Dec 4

trump deserved charges and trials, it didn't help us at the polls. In fact, one could make a case there was a backlash against all the trials/charges.

ProudMNDemocrat

(19,118 posts)
30. Show NO QUARTER to DonOLD tRump!
Wed Dec 4, 2024, 11:23 AM
Dec 4

As far as the Federal charges are concerned and his hatred of all things Biden Family and Democrats. NO PARDON. He is NOT WORTHY, period! No remorse, empathy, compassion, or admission of Guilt.

As for the State of New York and Georgia! Kemp might pardon tRump for RICO charges if it ever comes to trial. But in New York? NO WAY will Gov. Kathy Hocul pardon him at the State level.

Ping Tung

(1,363 posts)
33. Is this another example of The Art of the Deal? If so, what do we get?
Wed Dec 4, 2024, 11:47 AM
Dec 4

Answer: Screwed again.

“The object of civil society is justice, not truth, virtue, wealth, knowledge, glory or power. Justice is followed by equality and liberty.” Lord Acton

EnergizedLib

(2,215 posts)
36. Not a chance
Wed Dec 4, 2024, 12:37 PM
Dec 4

Let the felon try to pardon himself. He’s been enabled and gotten away with everything. Let us not be the ones to contribute to the great miscarriage of justice in our country.

jalan48

(14,483 posts)
37. I thought Trump was an existential threat to Democracy and also a Fascist. That's what we were told anyway.
Wed Dec 4, 2024, 12:38 PM
Dec 4

So now we want to pardon this man? This Fascist and existential threat to Democracy? It makes it look like we only have one political party in this country with two wings.

thesquanderer

(12,381 posts)
62. I kind of expected this to sink like a stone, but I wonder if I may have set some sort of record...
Wed Dec 4, 2024, 11:33 PM
Dec 4

... having over 60 replies without a single Rec!

Though it does seem that some replied without having read the actual post. (Which, sadly, is not exactly rare 'round these parts!)

Solly Mack

(93,055 posts)
40. If those with power, who made a point of telling the world how dangerous Trump is, surrender
Wed Dec 4, 2024, 12:54 PM
Dec 4

then why should those without power bother at all? Why should anyone fight for those who would only surrender the fight?

flvegan

(64,626 posts)
48. Well, it's a terrible case.
Wed Dec 4, 2024, 04:20 PM
Dec 4

Pardon a traitor? Someone who may be seeking to end democracy? No thanks.

Then there's the optics. "Beta Biden Pardons Alpha DJT!" -Rogan, probably

standingtall

(2,993 posts)
50. Absolutely not
Wed Dec 4, 2024, 04:54 PM
Dec 4

and I could've swore the crimes Trump has been convicted of are State crimes in which I also could've swore were outside of the pardoning power of the President.

thesquanderer

(12,381 posts)
53. Correct. That was in my OP as well. He can only be pardoned for federal crimes...
Wed Dec 4, 2024, 05:05 PM
Dec 4

...which he's not going to be convicted of anyway (for reasons discussed), which is why Biden granting him a pardon doesn't really get him any legal relief he won't be getting anyway. Either way, he can still be prosecuted for state crimes.

Cirsium

(1,021 posts)
56. Here we go
Wed Dec 4, 2024, 06:02 PM
Dec 4

I guess we wouldn't want to question Clyburn's judgement, so I guess we will have to question all of ours.

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