Investigation of Biden's actions ordered by Trump: Implications for law and politics explored
In an unprecedented move, former President Donald Trump has ordered an investigation into the pardons and executive actions issued by his successor, Joe Biden. The investigation, according to Trump, aims to uncover potential irregularities in the use of an autopen by the Biden administration.
The Justice Department, under both Democratic and Republican administrations, has recognised the use of an autopen by presidents to sign legislation and issue pardons for decades. Autopens are writing tools that allow a person's signature to be affixed automatically to documents. There is no legal obstacle to a president using an autopen to issue a pardon.
Biden himself has stated that he made the decisions during his presidency, including those about pardons. The Constitution grants presidents the power to grant pardons (Article II, Section 2), and it is well-established that a president's pardons cannot be revoked.
Trump, however, has questioned the legitimacy of the pardons issued by Biden for his family members and other administration officials. He has suggested that rogue elements within the Biden administration might have effectively faked the president's signature and governed without his knowledge.
Biden, on the other hand, has dismissed Trump's investigation as a mere distraction. He has maintained that he is fully capable of carrying out his duties and that the pardons and executive actions issued during his presidency were made in good faith.
The actions of Joe Biden that could be affected by the investigation ordered by Donald Trump primarily relate to the events surrounding the violent attack on the U.S. Capitol on January 6, 2021, which was tied to efforts to challenge Biden's 2020 presidential election victory. The investigation could also involve Biden's policies or officials linked to the transition period after the election.
It is important to note that no president has ever sought an investigation like the one Trump has ordered into another president's administration. There have been allegations of presidents being impaired and having their administrations controlled by intermediaries, but no formal investigations have been conducted.
Trump was indicted four times and convicted once while Biden was in office, but those investigations were not ordered by Biden. The Supreme Court ruled in 2024 that former presidents have broad immunity from prosecution.
Trump's investigation into Biden's administration marks a significant departure from traditional political norms. Whether it will lead to any concrete findings or further escalate political tensions remains to be seen.
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