He has no end of loyalists subordinate to him – both on and not on the government payroll – who can keep track of these things (who needs a pardon, and when), and if it is truly one of the few indispensable/undelegatable jobs of his Presidency, then – aside from my sense that it wouldn’t take all that much time – I think he’d make it a priority.
It’s also likely that Contempt charges – possibly landing the person in jail immediately – are one of the few things that truly require somewhat immediate action. The rest can form a queue that he can get to in between rounds of golf and Diet Cokes.
Ignoring the law goes both ways. “You’ve got a presidential pardon? That’s nice … that and $7 will get you a Starbucks latte? Move it or eat lead!”
Admittedly … at that point, the Consitution is birdcage liner and we’re headlong into competing-warlords territory. One would think countenancing such scenarios would get someone somewhere to wake up. Maybe a Republican congressman or senator? Maybe several? We’re probably still in the “Nah, that can’t happen” stage. But any situation can reach a breaking point where all conventional knowledge inverts all at once and all kinds of loyal people do sudden and unforeseen 180s.
Do you think he really gives a shit about anyone very far down the food chain? The 1/6 pardons were exceptional, because they went to a bunch of no name schmucks. But at least these were non name schmucks who were willing to take violent action to directly support Trump.
Unless someone were at the very top of the organizational structure, directly appointed by Trump or his favorites, and/or strongly and openly supportive of and submissive to Trump, I have ZERO difficulty imagining Trump giving ZERO thought to such “little” people/casualties.
But this also works in their favor. If he gets a list of suggested pardons from one of his minions, there’s no way he’s going to read it, and wonder why Joe Lunchbucket needs a pardon. He’ll just sign it, and then brag about it being the best pardon ever.
He’ll start caring the day it comes out that the Pardon Minion is selling spaces on the list he gives Trump, and hasn’t been kicking back 70% to Trump.
No, but to issue sufficient pardons so that federal-district court private enforcement can’t enforce a court order … low-level grunts would have to be pardoned. Low-level grunts execute (or impede) the actions of a properly-running government – not federal-agency management, not Cabinet secretaries, not Trump and not Musk.
And even with that … “can’t enforce” is becoming a malleable concept. We’re truly in Wonderland now.
Ya know - on reflection, I can easily see how he might issue a pardon “for all folk in managerial positions taking actions consistent with this EO.” Issue something broad and let the little people figure it out. Meanwhile, he can move on and break something else.
Really amazing how many aspects of our government are ill-prepared to deal with a narcissistic, amoral President who does not respect any rule of law other than the golden rule - he with the gold rules.
Something else about a federal pardon, even from the President: They only apply to federal criminal convictions. A federal district court, via private enforcement to drive compliance, could hit low-level grunts – and their management – with onerous civil penalties, perhaps to include asset seizure.
Which would be hugely burdensome … if the MAGAs (the ones who blithely and gleefully funded some $100,000,000+ of Trump’s legal fees) actually ran out of money
At the level of individual people who actually execute/impede government functions … it can be personally disconcerting and stressful to resist onerous civil penalties simply to do Trump/Musk’s bidding – even if you truly believe Trump/Musk will make you whole again eventually. Most will buckle more or less summarily and comply with enforced court orders. As a collective, federal civil service is not sufficiently Trumpist – and IMHO Trump/Musk can’t make over federal civil service over fast enough – to make it that resistant, at the level of individuals, to federal district court enforcement actions.
In and before 2015, I wouldn’t have disagreed with you At. All.
But if I’m in the Democrats’ bullpen, trying to game this out, then I’d be painfully mindful of what Sidney Powell, John Eastman, Giuliani, and all the other Insane Clown Posse were doing in 2020: trying to figure out how to circumvent the law to Trump’s advantage.
And if the Democrats in power aren’t hoping for the best while planning for the worst … we’re in big, big trouble.
Trump is trying to replace the entire Federal workforce with loyalists. Even the ‘loyalty test’ he’s reportedly been sending out is a pretty good barometer for who’s willing to take a bit of pain for Dear Leader.
They seem pretty broken already. ‘Poor’ Mitch McConnell is coming to the sharp realization that not standing up to Trump for his previous term and having lead his non-MAGA wing of the Republican conservatives to do the same has rendered him completely impotent as a leader now that he’s actually opposed to several of Trump’s Cabinet picks. Don’t like RFJ Jr, Pete Hegseth, or Tulsi Gabbard because you think they represent a clear and present danger to the safety and security of the nation? Shut up, old man; your opinion means nothing anymore.
If you see some measure or event that is going to cause the GOP to locate and reinstall its respective spine I’d like to hear it because thus far these people—even the ones who aren’t explicitly aligned with the MAGA movement—are about as solid and unyielding as Silly Putty.
Obviously no promises can be made … but should GOP spine reinstallation take place in the near future, it likely won’t be telegraphed. It’ll seem sudden like a fingersnap, and the impetus will likely seem odd and insignificant at the time.
Again, who can will arrest her? They all report to her.
And you can say all you want that Congress don’t want the Judiciary powerless, but their support for Trump ensures it. They are too busy ceding their own power to worry about the Judiciary.
To be fair, neither Elias nor Kuo cited anything to support their claims. I did some quick Googling to find Young and the 1988 NJ case. I am curious as to whether there is anything more out there in case law, the Code of Federal Regulations, or anything like that.
Because of the lack of citations by the authors, I remembered to at least put “police” in quotes – whatever law-enforcement staff the federal judiciary would scare up, they would be something different from (if comparable to) deputized police.
One thing that occurs to me is that just because one side ceases to follow the rule of law doesn’t mean the other side necessarily remains bound by that same rule of law. Where that could lead, I can only speculate.
Someone commenting in Kuo’s Substack yesterday brought up federal courts hiring “private enforcement officers” and described it as “literally a posse”.
42 U.S. Code § 1989 - United States magistrate judges; appointment of persons to execute warrants
The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.
And that section 1987 linked in 42 U.S. Code § 1989 above (bolding mine)?
42 U.S. Code § 1987 - Prosecution of violation of certain laws
The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense.
