Wednesday, February 11, 2026

Given What Happened In El Paso Today…

... I believe Pam Bondi on this. But I also believe this is accurate: So is this: Unless you get re-elected and that lets you duck the criminal charges, so you can pardon everyone who did what you wanted them to do that day.

Meanwhile…
They really are determined to gut the DOJ, aren’t they? (POTUS appoints with advice and consent of the Senate. Statutes provide for interim appointments by federal judges when the prior interim (also allowed by statute)* expires without a Senate approved replacement. But the DOJ is asking the Supremes to gut the statute and the appointments clause on unitary (read “imperial”)  presidency grounds. The Constitution neither provides for forbids presidential immunity, so Roberts didn’t strictly ignore the Constitution. The DOJ’s position would require the Court to (effectively) declare the “advice and consent” portion of the appointments clause unconstitutional, while also declaring the statute unconstitutional. That’s what DOJ is playing for here. And it’s the country and justice that suffers.)

*IOW, without the statute, Trump couldn’t make a legal argument at all that he can appoint as often as he pleases. The Supremes aren’t likely to miss that point, but Trump’s minions are not very bright.

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