More and More, US Presidents Are
Assuming the Powers of Popes and Kings
William J. Astore / LA Progressive

(January 20, 2025) — I woke this morning to the news that President Joe Biden has issued preemptive pardons for Dr. Anthony Fauci, retired General Mark Milley, and members of the January 6th Congressional committee. These pardons are intended to shield them from persecution and prosecution by incoming President Donald Trump.

Preemptive pardons: I’m not a legal eagle, but are these in any sense Constitutional?

More and more, US presidents are assuming the powers of popes and kings. A preemptive pardon is a form of absolution in advance, or perhaps a type of indulgence to spring one from the purgatory (or inferno?) of Trump’s wrath. Or perhaps a preemptive pardon is akin to the royal touch: the old belief that monarchs, as God’s representative here on earth, could touch their subjects and heal them.

America used to have an idea and ideal of the president as first citizen, as a public servant accountable to the people through our elected representatives in Congress as well as the courts. Now, it’s the “unitary executive,” the president as commander in chief of us all (not just the military), as supreme leader. It doesn’t bode well as Trump takes the reins today, does it? Expect to be ridden hard, America.

Partisan Democrats may be cheering Biden’s preemptive pardons today, but how about in four years when a lame duck President Trump issues his share of “get out of jail, free” preemptive pardons?

This idea of “preemption” recalls Vice President Dick Cheney and his idea of preemptive war. Basically, it went like this: If there’s a 1% chance a country might attack the United States, that’s all the justification a man like Cheney would need to launch a war (and without a Congressional authorization of the same, mind you).

Again, it grants to presidents (and vice presidents like Cheney) the power of monarchs, which isn’t exactly what the Founders of America had in mind when they set up our government.

Preemptive pardons, preemptive war: What next? Preemptive censorship? (I know: we already have that.) Preemptive arrest and incarceration, as in the movie “Minority Report”? We think you may commit this act, this crime, this sin, so we must “preempt” it, and it’s all your fault for making us do this.

Something is rotten in the state of America.