Rut roh! Biden's boo-boo?

A BlueSky post:

So, djt says that Biden's pardons were invalid because he used an autopen to sign. 

Perplexity!! Wake up you boob!! Huh?? . . . . . What?

Q1: Trump says that Biden's pardons were invalid because he used an autopen to sign. Is that a basis on which presidential pardons can be invalid?

A1: The claim by Donald Trump that Joe Biden's pardons are invalid because they were signed using an autopen does not have a legal basis. Legal experts agree that the use of an autopen does not invalidate presidential actions, including pardons 4 5. The U.S. Constitution does not require pardons to be in written form or signed personally by the president 4. The use of an autopen is a common practice for presidents when they are unable to physically sign documents, and it has been legally recognized as valid for official actions 5.

Q2: About how likely is this kerfuffle to wind up in a federal trial court and then at the USSC?

A2: The likelihood of this dispute over the validity of President Biden's pardons due to the use of an autopen ending up in a federal trial court and then the U.S. Supreme Court (USSC) is difficult to predict but seems plausible. Here are some factors to consider:

Legal Basis for Challenge: Trump's argument that the use of an autopen invalidates the pardons lacks strong legal precedent. However, if Trump or his allies decide to pursue this in court, it could lead to a federal trial.

Expert Opinion: Legal experts generally doubt Trump's rationale, suggesting that courts are unlikely to invalidate pardons based on the method of signing 1 2. This skepticism might reduce the likelihood of a successful challenge but does not eliminate the possibility of a court case.

Political Motivations: The political nature of this dispute could drive it towards litigation. Trump has a history of testing legal boundaries, and his statement might be part of a broader political strategy 1 3.

Supreme Court Involvement: For the case to reach the Supreme Court, it would need to involve significant constitutional or federal law issues that lower courts cannot resolve. Given the established precedent on presidential pardons, it's uncertain whether the Supreme Court would take up such a case unless it presented novel legal questions 4 6.

In summary, while it's possible that this dispute could end up in federal courts, the likelihood of it reaching the Supreme Court depends on whether the legal arguments presented are deemed substantial enough to warrant review at that level.

Likelihood of a Federal Trial Court Case: Moderate
Likelihood of Reaching the USSC: Lower, unless novel legal issues are raised.

And, just for giggles 'n snorts:

Q6: Why do you keep referring to MAGA authoritarians as conservative? What is the distinction between old-fashioned, pro-democracy conservatism and MAGA authoritarianism?

A6: The distinction between traditional conservatism and MAGA authoritarianism is significant and should be clarified:

Traditional Conservatism
Focus: Traditional conservatism emphasizes principles such as limited government, free-market capitalism, and adherence to established institutions and norms. It values the rule of law, democratic processes, and the protection of individual rights within a constitutional framework.

Values: Conservatives typically prioritize fiscal responsibility, national security, and social order. They often support incremental change and respect for historical institutions.

Goals: The primary goal is to maintain stability and continuity, ensuring that social and economic systems function effectively within a democratic framework.

MAGA Authoritarianism
Focus: MAGA authoritarianism, centered around Donald Trump, is characterized by a strong emphasis on nationalism, populism, and the concentration of power. It often disregards traditional democratic norms and institutions if they are seen as obstacles to achieving its goals.

Values: MAGA supporters prioritize loyalty to Trump and his agenda over adherence to democratic principles or institutional norms. They often embrace a "win-at-all-costs" mentality, where the ends justify the means.

Goals: The primary goal is to consolidate power and impose a specific vision of America, often through divisive rhetoric and policies that undermine democratic checks and balances.

Key Distinctions
Institutional Respect: Traditional conservatives generally respect democratic institutions and processes, while MAGA authoritarianism often seeks to bypass or undermine them if they are perceived as barriers to achieving its objectives.

Policy Focus: Traditional conservatism focuses on broad policy issues like taxation, regulation, and national defense. In contrast, MAGA authoritarianism is more personality-driven, with policies often centered around Trump's personal preferences and populist appeals.

Tolerance for Authoritarianism: Traditional conservatives tend to be wary of authoritarianism, while MAGA supporters are more accepting of authoritarian tactics if they align with their goals.

Attitude Towards Truth and Media: Traditional conservatives may criticize media bias but generally respect the role of a free press in democracy. MAGA authoritarianism often seeks to discredit mainstream media and promote alternative narratives that support its agenda.

In summary, while there may be some overlap in policy preferences between traditional conservatives and MAGA supporters, their underlying values and approaches to governance are fundamentally different. Traditional conservatism seeks to maintain democratic norms and institutions, whereas MAGA authoritarianism is more focused on consolidating power and achieving specific ideological goals, often at the expense of democratic principles.

Good job Perp! 👍⭐

By Germaine: Plumbing the depths of politics and the septic tank (sometimes it's hard to tell the difference 🦨)