Politics
How Biden – and Trump – helped make the pardon go haywire
The pardon debate – individual, group, partisan, preemptive – is spinning out of control.
In his “Meet the Press” interview, Donald Trump mocked Joe Biden’s repeated assurances about Hunter: “‘I’m not going to give my son a pardon. I will not under any circumstances give him a pardon.’ I watch this and I always knew he was going to give him a pardon.”
In a portion of that interview that did not air but was posted online, the president-elect complained to Kristen Welker:
“The press was obviously unfair to me. The press, no president has ever gotten treated by the press like I was.”
BIDEN’S PARDONING OF HUNTER INDICATES HE HAS ‘A LOT MORE TO HIDE’: LARA TRUMP
Why did he appear on “Meet the Press”? “You’re very hostile,” Trump said. Her response: “Well, hopefully, you thought it was a fair interview. We covered a lot of policy grounds.”
“It’s fair only in that you allowed me to say what I say. But you know, the answers to questions are, you know, pretty nasty. But look, because I’ve seen you interview other people like Biden.”
“I’ve never interviewed President Biden,” Welker responded. Trump said he was speaking “metaphorically.”
The pardon debate has been re-invigorated by President Biden’s decision to issue one to his son, Hunter, despite repeated assurances of the contrary. (Reuters/Getty/AP Images)
“I’ve seen George Stephanopoulos interview. And he’s a tough interviewer. It’s the softest interview I’ve seen. CNN interview. They give these soft, you know, what’s your favorite ice cream? It’s a whole different deal. I don’t understand why.”
The strength of Welker’s approach is that she asked as many as half a dozen follow-ups on major topics, making more news. When she asked, for instance, whether he would actually deport 11 million illegal immigrants, as he’d said constantly on the campaign trail, he answered yes – which for some reason lots of news outlets led with. But a subsequent question got Trump to say he didn’t think the Dreamers should be expelled and would work it out with the Democrats.
As for Trump, he reminded me of the candidate I interviewed twice this year. He was sharp and serious, connecting on each pitch, fouling a few off. This was not the candidate talking about sharks at rallies.
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With one significant misstep, he made the case that he was not seeking retribution – even backing off a campaign pledge that he would appoint a special prosecutor to investigate Biden.
That misstep, when Trump couldn’t hold back, was in saying of the House Jan. 6 Committee members, including Liz Cheney: “For what they did, honestly, they should go to jail.”
He did add the caveat that he would let his attorney general and FBI chief make that decision, but it allowed media outlets to lead with Trump wanting his political opponents behind bars. For what it’s worth, there’s no crime in lawmakers holding hearings, and this business about them withholding information seems like a real stretch.
Now back to the pardons. This mushrooming debate was obviously triggered by the president breaking his repeated promise with a sweeping, decade-long pardon of his son, a 54-year-old convicted criminal.
But then, as first reported by Politico, we learned that the Biden White House is debating whether to issue a whole bunch of preemptive pardons to people perceived to be potential targets of Trumpian retaliation.
But the inconvenient truth is that anyone accepting such a pardon would essentially admit to the appearance of being guilty. That’s why Sen.-elect Adam Schiff says he doesn’t want a pardon and won’t accept one.
MEDIA ADMITS THE DEMOCRATIC PARTY IS TOO ‘WOKE’ AFTER KAMALA HARRIS’ 2024 LOSS
But many of those potential recipients don’t even know they’re under consideration for sweeping pardons covering anything they may or may not have done.
It is a truly awful idea, and with Biden and Trump both agreeing that DOJ engages in unfair and selective prosecutions – which in the Republican’s case made his numbers go up – the stage is set for endless rounds of payback against each previous administration.
I remember first thinking about the unchecked power of presidential pardons when Bill Clinton delivered a last-minute one to ally and super-wealthy Marc Rich.
Former President Bill Clinton used his pardoning power to let off Marc Rich, an uber-wealthy ally of his. (Photo by Julia Beverly/Getty Images)
So it’s time to hear from Alexander Hamilton, who pushed it into the Constitution. Keep in mind that in that horse-and-buggy era, there were very few federal offenses because most law enforcement was done by the states.
In Federalist 74, published in 1788, Hamilton said a single person was better equipped than an unwieldy group, and such decisions should be broadly applied to help those in need.
“In seasons of insurrection or rebellion,” the future Treasury secretary wrote, “there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth.”
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Otherwise, it might be too late.
But another founding father, George Mason, opposed him, saying a president “may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection?”
An excellent argument, but Hamilton won out.
As Hamilton envisioned, George Washington, in 1794, granted clemency to leaders of the Whiskey Rebellion to calm a fraught situation.
Something tells me that Biden, Trump and their allies aren’t poring over the Federalist papers. But it’s still an awful lot of sweeping power to place in the hands of one chief executive, for which the only remedy is impeachment.
Politics
Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests
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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.
The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.
The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.
The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.
PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS
The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)
Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.
But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.
“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.
Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.
Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)
Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.
The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.
“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.
The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”
ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
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Raoul and his staff are reviewing the DOJ’s complaint.
“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”
The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.
The Associated Press contributed to this report.
Politics
Supreme Court rules against Trump, bars National Guard deployment in Chicago
WASHINGTON — The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.
Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.
The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.
In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.
The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”
That phrase turned out to be crucial.
Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.
“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.
That standard will rarely be met, the court added.
“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.
Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.
Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.
Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.
Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”
California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.
“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”
The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.
But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.
Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”
The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.
Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.
By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.
Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.
Illinois state lawyers disputed the administration’s account.
“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.
The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”
Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.
A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.
His brief prompted the court to ask both sides to explain their view of the disputed provision.
Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.
If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.
State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.
Politics
Video: Trump Announces Construction of New Warships
new video loaded: Trump Announces Construction of New Warships
transcript
transcript
Trump Announces Construction of New Warships
President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.
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We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.
By Nailah Morgan
December 23, 2025
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