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PaperclipPerfector  12d ago (text post)   29586 thread views

Culture War Roundup for the week of March 17, 2025

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Anyway, sliding all the way down the slope, unless Trump is flying the plane, deportations until the executive branch are illegal

Under normal circumstances, I would expect this statute to cover it:

Title 3 USC §301. General authorization to delegate functions; publication of delegations. The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

However if the President isn't compos mentis, there's a question whether he's able to functionally delegate those powers unless he had something previously set up, either via another statutory scheme which explicitly authorizes the devolution of powers to another executive officer, or via regulation and/or EO. And obviously here there's the factual question of whether the "senior staffer" who allegedly hijacked Biden's autopen" fills the relevant criteria of 301.

And obviously here there's the factual question of whether the "senior staffer" who allegedly hijacked Biden's autopen" fills the relevant criteria of 301.

He clearly doesn't because EOP staffers are not Senate-confirmed. Either Biden ordered the pardon or it is illegal.

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