President Biden May Have the Last Laugh

Greetings friends!

I always try to present topics from an angle you might not have seen. I do this to help us keep our thinking sharp. And because it's fun ... for me and I hope also for you.

This will be the last post on political topics for a while. I know, we're all tired of it. I'd like to say the craziness will be over soon. Will it?

Never mind ordering Seal Team Six to take out your political opponents. The Presidential pardon power has perhaps become the most valuable Presidential perk of all time.

I was asking myself when we can expect President Biden to pardon his son, Hunter, now that the frenzy of the current race is almost behind us.

Although he has said he will not do so, I predict he will pardon Hunter while he still can, that is, before the inauguration of his successor.

But Hunter is just the start. The pardon power has become much more valuable than helping out a wayward son.

The President has absolute immunity when carrying out certain duties

The recent Supreme Court decision in Trump v. United States* has a simple, but far-reaching holding:

Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. [emphasis added]

For topics within the scope of the President’s “conclusive and preclusive constitutional authority,” the other branches of government (Congress and the courts) may not examine the President’s actions.

The Supreme Court notes that when considering whether a President’s conduct was official or unofficial (i.e. related to their constitutional authority), “courts may not inquire into the President’s motives.”

Granting pardons is a solely Presidential power

Granting a pardon is part of the President’s conclusive and preclusive constitutional authority. The power is explicitly set out in Article II, Section 2, Clause 1:

The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States.

Under the recent Supreme Court ruling, it is clear that no President can be charged with a federal crime for granting a pardon. They enjoy absolute immunity and their motives in granting a pardon may not be questioned.

What an opportunity! Especially for a President so keenly attuned to opportunities to profit from his position.

Why stop at pardoning Hunter Biden?

Why would President Biden stop with his son?

Thanks to the Supreme Court, he now has absolute immunity to use the Presidential pardon as he sees fit. That includes selling pardons to anyone willing to pay for them.

A lame-duck President serving out their last term has nothing to lose and everything to gain. What was once a backroom, secret activity can come into the open.

There are plenty of well-heeled white-collar criminals convicted of federal crimes who would pay handsomely to have their convictions expunged. All those barred from serving as public company officers or working in the securities industry would have their records cleared and thus be free to work in their fields again.

I suspect the offers are currently flowing into the Biden family as you read this.

Other than maintaining a shred of decorum, there is nothing to prevent President Biden from publishing a price sheet for what a pardon will run you:

• Firearms violations: $2 million(1)
• Sex offenses: $3 million(2)
• Fraud: $5 million or the amount of money stolen, whichever is higher(3)
• Tax evasion: $8 million or the amount of tax penalty, whichever is higher(4)
• White-collar crimes: $10 million
• White-collar crimes with an industry ban: $15 million
• Drug trafficking: $50 million

_______________
 (1) Special discount if your first name is Hunter!
 (2) Special discount if your last name is Biden!
 (3) Special discount if you are a President’s son!
 (4) Special discount if you tracked your spending on an abandoned laptop!

For each of the offenses up to drug trafficking, no one really cares. President Biden thus wouldn’t suffer much reputational damage for granting pardons.

Being caught in drug trafficking is frowned upon at the well-heeled East Coast parties former Presidents like to attend. Thus, the price for these pardons would have to be high enough to justify having the last laugh.

The good news for President Biden is the candidates for this particular pardon have the means to pay handsomely for it.

Be well.

I am brimming with good ideas you never thought of. You can implement many yourself, even if you’re not the President. Read more of my stories to find out how.

* Here is the full text of the decision in Trump v United States.