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Culture War Roundup for the week of July 15, 2024

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There is no shortage of activist judges, so I have to imagine that there are powerful people holding back most of the farcical and nakedly partisan potential Trump prosecutions and who are only strategically letting some through in controlled, well-timed escalations. Otherwise I'm sure he'd already have a dozen prison sentences in random jurisdictions.

Alternatively, the establishment is trying not to let him get prosecuted because they're scared of backlash but lacks enough control to do it 100%.

I have long thought that it would have been completely reasonable for Biden to try to negotiate a pardon for Trump a la Ford pardoning Nixon in return for a back-to-normalcy sort of proposal. On the other hand Nixon was term limited and Trump was at least in a position to consider running again. Perhaps in return for retiring from political life? It was also a pretty unpopular decision by Ford at the time, but I think in hindsight was probably better for just moving on as a nation.

Although it's not even clear that Trump would have accepted it if offered -- he doesn't seem like one willing to retire quietly. Nor does Biden, who steadfastly refuses to consider dropping out, seem quite as much of a one-term caretaking administration as was perhaps originally advertised, so it may never have been under consideration to begin with.

Aside from that, it’d be illegal and have even worse optics than what Biden’s currently doing. Also there isn’t enough trust to do it, even if both sides wanted it.

I expressed the same idea a while back and people thought I was crazy. Even if the Democrats/deep state were not so terrified of another Trump presidency (which they might not be, Trump is a moderate and after 4 years they should know by now he's not a madman either), the thought of losing to him in a rematch is unthinkable, because it means unmistakably that after having had an A/B comparison of a populist and of the rule of the enlightened, the population prefers the populist. And that means they can't spin the election as anything but a complete repudiation of the last four years; it cannot be dismissed as the people being dazzled by some fresh new candidate, it's "this was shit, give us back the guy we had before". To avoid that, I thought they would quickly embrace ANY option, even letting the Republicans win and sweep, as long as Trump is not the one to do it, and offering amnesty in exchange for retirement could have been an option.

It's also especially personal and insulting for Biden himself, to the extent he's aware of it; being behind the guy you were supposed to replace in the polls. I think he refuses to leave because the only two ways for his legacy not to be that of a failure, is to retire while he's ahead in the polls (in which case, he'll think "Do I really HAVE to retire then?") or beat Trump himself. Well, before he possibly could have made the offer to exchange amnesty for retirement and added his retirement on top, that would have avoided him the humiliation of being beat by Trump (or of retiring because he's polling behind Trump). Both of them could have made a cute gesture like playing a game of golf together and then their legacy would have at least the positive note that they put themselves aside to help the country heal from its division or something. But it's looking like it's too late for that, now Trump holds almost all the cards, save from election day shenanigans, so I don't think he'll be inclined to accept, yeah.

It's never gonna happen. Even if Biden thought that sort of a trade were beneficial (and I doubt he does), there's nothing like the sort of trust you would need to actually make a deal like that.

Plus, trading pardons for political favours is straightforwardly corrupt, even if it would be very hard to prosecute under the SCOTUS' new standard.

Presidential pardons don’t have any checks and balances. Offering that bargain would lose Biden the election(if he hadn’t already), but it’d be legal.

Has anyone started taking bets on whether Biden pardons his son on (or before) his last day in office?

it would have been completely reasonable for Biden to try to negotiate a pardon for Trump a la Ford pardoning Nixon in return for a back-to-normalcy sort of proposal.

I suspect Trump would reject his overtures.

But more to the point, the President can't pardon state charges. That would have to be Governor Hochul, who does not seem so inclined.

I could believe it.

I mean, it totally fits 1) the incompetence of this case and 2) the story the elite blue tribers tell themselves, where right wing backlash is actually terrifying.