The pardon power is explicitly given to the president by the Constitution. Therefore it’s a core power with absolute immunity.
The president is also given the clear authority to direct his subordinates in the executive branch as the “chief Executive.” The SCOTUS has ruled that the president has almost unfettered power to hire/fire/order anyone in the federal government to do just about anything he wants with no restrictions.
So logically:
- The president can order an agency head to issue a new rule that’s probably unconstitutional.
- Someone sues in a district court to block it.
- A court issues an injunction preventing its enforcement.
- The agency head ignores the court order and enforces it anyway.
- The court finds the agency head and/or other employees of the agency in contempt for violating the injunction.
- The president pardons anyone subject to the injunction (and this pardon power is absolutely immune from criminal prosecution or investigation).
- The rule goes into effect and gets enforced despite being enjoined by a federal court.
- We now have a constitutional crisis because courts no longer have any way to check on the Executive because the president can simply neutralize any criminal penalties with a pardon even if that pardon is clearly issued as part of a conspiracy to violate a court order.
I guarantee this is not what the Framers envisioned or wanted, but this is what “conservative” judicial extremists on the SCOTUS have given us. Although I would be entirely unsurprised if they decided to roll this power back somehow if ever a Democratic president were to wield it.
Byron Donalds, a black Republican Representative from Florida, said Democrats need to stop talking about Project 2025, a policy document created by hundreds of people who literally worked for Trump during his term, because it’s “dangerous.”
But he also thinks Trump calling Harris a communist dictator who literally wants to destroy America, take your guns, force everyone’s children to undergo surgical sex reassignment surgery against their will, flood the country with millions of noncitizens so they can vote, among hundreds of other extreme and completely false accusations, are all perfectly fine and fair game.
They all know it’s not consistent. They all know Trump’s rhetoric is worse, but they see a cynical opportunity to gain a political advantage and they take it. Assholes.