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Culture War Roundup for the week of January 15, 2024

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He could have pardoned these people, but he didn't.

It would be some feat to pardon people accused of committing a crime after he wasn't president anymore, are we talking time travel or just precognition here?

Personally I'm just sitting back and watching the circus for entertainment value (which I can do as a non-American, sorry USAians), though I think there must be some miracle in operation this time round because Snopes of all places fact-checked a Trump story (that he had said something which had been misrepresented) and deemed it false! What wonder is this? A favourable decision for Orange Man Bad by Snopes? Keep an eye out for three headed calves and talking dogs!

From scotusblog:

The president can issue a pardon at any point after a crime is committed and before, during or after criminal proceedings have taken place. The president cannot, however, pardon someone for future crimes. A pardon covers both the offender’s conviction for the crime and the sentence for that crime.

On January 7th Trump could have pardoned them all.

I think the confusion is that only some by the 20th had undergone any criminal proceedings. most were unidentified.

Confusion is there because some folks cannot accept that Trump obviously threw his supporters under the bus and have to come up with cope theories why that wasn't what happened.

Presidents have previously granted mass pardons of categories of people without knowing or specifying each named individual. Based on my very layman understanding, I think Trump could have blanket pardoned them.

It would be some feat to pardon people accused of committing a crime after he wasn't president anymore, are we talking time travel or just precognition here?

He was President up until January 20.

It's a nice technical point, isn't it? He was technically president, but he had been beaten in the election. More informed people can tell me if he was still able to issue pardons while the clock on his term was running out. Biden was president-elect and inaugurated on January 21st, so you're saying Trump could have exercised full presidential powers right up until the very last minute?

It's a proud American tradition. The powers of the supreme court are based in a case about midnight appointments. Clinton was issuing pardons and selling off anything that wasn't nailed down until the last possible second.

Yes and yes. It's very common for presidents to issue last-minute pardons, and Trump was no exception.

In his last full day in office, Trump granted 143 pardons and commutations

https://en.wikipedia.org/wiki/List_of_people_granted_executive_clemency_by_Donald_Trump#Chronology

Furthermore,

A federal pardon can be issued prior to the start of a legal case or inquiry, prior to any indictments being issued, for unspecified offenses, and prior to or after a conviction for a federal crime

https://en.wikipedia.org/wiki/Federal_pardons_in_the_United_States#Modern_process

I vaguely remember that he wasn't allowed to talk after Jan 6th. He lost Twitter, I don't remember any press conferences, there was the impeachment, but I don't think he was permitted to talk to the public or sign anything.

Legally he should have been able to issue pardons up until his last day, that is a power the president has. But I don't know if he was allowed near a pen.

He was.

https://en.wikipedia.org/wiki/Timeline_of_the_Donald_Trump_presidency_(2020_Q4–January_2021)

The start of that article is a shitshow, but the timeline table is relatively solid. He’s very quiet for a couple days, then

  • 8th: signs executive order (XO) 13973 regarding the EPA
  • 10th: issues half-staff order for officer Brian Sicknick
  • 11th: gives Rep. Jim Jordan a medal
  • 13th: signs XO 13974 about Chinese military funding
  • 14th: signs XOs for a Post Office policy and establishing a wildfire committee
  • 15th: some sort of medal ceremony with a Moroccan royal
  • 18th: issued five executive orders. One of these supposedly lifted a travel ban, at least until Biden put it back, but I couldn’t confirm.
  • 19th: signed three final XOs. Also made an official declaration (?) of Uyghur genocide
  • 20th: 73 pardons issued. 70 sentences commuted.

I elided a bunch of actions by his cabinet and by Congress. He was also making speeches and TV appearances in this window.

Thank you for the correction, like I said it was a vague memory.