this post was submitted on 15 Sep 2024
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With the president's decision to drop out of the race, he has effectively begun a longer lame-duck period, which is historically when most presidential clemency grants have occurred.

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[–] [email protected] 92 points 3 days ago (3 children)

Not so sure it's correct to say he's already in the "lame duck" phase the article mentions where most presidents stuff their clemency grants. It might be true in a literal sense, but public perception is presumably the main reason presidents wait until that period for this sort of thing, and I'm sure he's still very conscious of how his own PR could affect Harris's campaign.

[–] [email protected] 2 points 10 hours ago

I'd argue that it should be seen by party rather than by individual. So the real lame duck period doesn't start until it's clear that the White House is about to change parties. This is much shorter (election in Nov, new Prez sworn in late Jan) and also covers the period major winter holidays (so don't expect too much to get done).

[–] [email protected] 52 points 3 days ago (3 children)

By the article’s logic, every president elected to a second term has entered their lame duck phase the day after the election.

[–] [email protected] 2 points 10 hours ago

Came on just to say this. I'd argue that it's by party rather than by individual, so with the Dems trying to get another term Biden has to be careful not to throw a spanner into the works for Harris.

[–] [email protected] 16 points 3 days ago

Yes, this is not uncommon in US politics.

Here's what Wikipedia has to say about it:

In U.S. politics, the period between (presidential and congressional) elections in November and the inauguration of officials early in the following year is commonly called the "lame-duck period".

A president elected to a second term is sometimes seen as a lame duck from early in the second term, since term limits prevent them from contesting re-election four years later. However, not personally having to face the electorate again makes a second-term president more powerful than they were in their first term as they are thus freer to take politically unpopular actions. However, this comes with caveats; as the de facto leader of their political party, the president's actions affect how the party performs in the midterm elections two years into the second term, and, to some extent, the success of that party's nominee in the next presidential election four years in the future. For these reasons, it can be argued that a president in their second term is not a lame duck at all.

So while you're right that the assertion the author is making is misguided, it's a fallacy that is made often enough that some might conflate it with reality.

[–] [email protected] 13 points 3 days ago

They have…. That’s why there is a usual trend of bolder actions taken by second term presidents because they’re no longer eligible for candidacy for President.

That’s also why we can’t fuck about with a second Trump term.

[–] [email protected] 18 points 3 days ago (1 children)

They keep trying to extend the term lame duck.

[–] [email protected] 11 points 3 days ago

It’s like Christmas season. Soon the lame duck period will start before they even begin campaigning for their first term!

[–] [email protected] 36 points 3 days ago (2 children)

The letter referred to mentions "more than 150 people currently serving federal sentences for non-violent cannabis-related offenses" -- not the "estimated 3,000 individuals still incarcerated in our federal prison system for cannabis" that the article states.

Almost all non-violent cannabis-related offenses are state convictions, for which the president has no pardon power. This article seems to gloss over that fact. As others in this thread have stated, no such action is going to happen until after the election anyway.

Whle I don't disagree with the main thrust of this opinion article, it's a bit misleading and unrealistic in its timeline.

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[–] [email protected] 37 points 3 days ago (52 children)

C'mon he won't do this until the elections over. Nothing controversial until after the election.

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[–] [email protected] 16 points 3 days ago (1 children)

I'll be shocked if he actually keeps his word.

[–] [email protected] 25 points 3 days ago

He kicked off the process to have them investigate it so it could be reclassified back in 2022. The reclassification would be the grounds for courts to accept changes in sentences. Once the reclassification is done Congress will have to write the bill, not the executive branch, he's done his part already.

https://www.justice.gov/opa/pr/justice-department-submits-proposed-regulation-reschedule-marijuana

The president can't just bypass the judicial or legislative branch and magically make it happen.

[–] [email protected] 16 points 3 days ago (2 children)

I suspect that if he intends a mass pardon he will do it after the election. Common sense says that there is more risk of negative campaign influence then positive in this case, and why would he risk it?

[–] [email protected] 4 points 3 days ago

He can't pardon people from state crimes, all he can do is pardon from federal. Once reclassified, he can "urge" Congress to write legislation to superceed state laws, be he isn't the the legislative branch.

[–] [email protected] 1 points 3 days ago (1 children)
[–] [email protected] 8 points 3 days ago

The difference here is pardoning [clutches pearls] criminals. Which will be spun to dangerous, convicted, surely "seriously bad guys" that plead down to a lesser charge.

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