Why We Should Designate the Muslim Brotherhood as a Terrorist Organization, plus IRS Concludes Churches Can Endorse Candidates & NYT Reports Biden Unaware of Many Autopen Pardons
00:01:01.960For a long time, there was legislation known as the Johnson Amendment that was interpreted as stripping the ability of pastors and churches
00:01:09.800to express their views on politics, the IRS entered into a consent agreement that now makes clear churches and pastors can tell their congregations exactly what they think about politics.
00:27:13.220I want to move to another issue and it is really exploded over the last 24 hours and that is new information that we now have.
00:27:23.180on Biden's use of the auto pen on Biden's use of the auto pen is a scandal that I don't think people understand just how big it is and what is now been admitted to when it comes to the auto pen usage and Joe Biden maybe not knowing it was being used at all.
00:27:39.740Well, so the New York Times on July 13th wrote a major story that says Biden says he made the clemency decisions that were recorded with auto pen.
00:27:49.580And you and I talked about an earlier podcast that the Department of Justice has an opinion that it issued a number of years ago, the Office of Legal Counsel about whether you can use an auto pen for presidential signatures, whether that's a presidential signature on an executive order, a presidential signature on a law that is being signed into law or a presidential signature on a pardon.
00:28:13.460And what the Department of Justice has concluded is that you can use an auto pen for any of those.
00:28:20.340But the test is the authority is the president's and the president's alone.
00:28:24.400So the president cannot delegate that authority to anyone else.
00:28:31.080The president has to make the decision.
00:28:33.440And what the Department of Justice explained, and this was years ago, is that the operative legal test is did the president make the individual determination to sign the executive order, to sign the specific piece of legislation, to grant the pardon?
00:28:50.620And if the president made that individualized determination, then you can use an auto pen to reflect that.
00:28:59.460But the president has to be the decider.
00:29:05.720But what the New York Times reported was, quote, Mr. Biden did not individually approve each name for the categorical pardons that applied to large numbers of people.
00:29:20.320Even after Mr. Biden made that decision, one former aide said, the Bureau of Prisons kept providing additional information about specific inmates, resulting in small changes to the list.
00:29:50.900Rather than ask Mr. Biden to keep signing revised versions, his staff waited and then ran the final version through the auto pen, which they saw as a routine procedure, the aide said.
00:30:03.420That is stunning because under the Department of Justice guidance, those pardons aren't valid.
00:30:09.200If the president didn't decide I am going to pardon Ben Ferguson, you know, if he didn't know that that would not be sufficient.
00:30:19.800And the New York Times, the consequence of this, listen, I think the Trump White House needs to go through the records.
00:30:28.220And look, they have the records because they're now in charge of the White House and examine what specifically has a paper trail that shows Biden signed off on the specific action.
00:30:37.820And those that that that there is no paper trail, that there is no evidence in the New York Times is reporting, they're admitting, oh, yeah, they're broad categories.
00:30:46.300He didn't know about at all. He didn't know the specific people. Those are null and void.
00:30:50.100Those have no legal force. And my recommendation to Pam Bondi and the Department of Justice is they should look specifically at the most vulnerable and devise and implement a legal challenge to to challenge these.
00:31:06.400And to make clear that that that an unelected aide running an auto pen does not have the power to grant a pardon under the United States Constitution.
00:31:16.120So now that we have this information, the big question is, when do these pardons, what happens next?
00:31:24.040How do you go about undoing this and how big of a legal fight is that going to be?
00:31:28.560Well, look, it's going to be a termination, number one, of the White House and the White House Council assessing what are the records show?
00:31:35.840What records did they keep of Biden signing off? We know that he personally signed the pardon for Hunter Biden.
00:31:42.100So that one he knew about and he did. So so that one is is that also very telling?
00:31:48.480Yes. And is that going to be used in many ways as an example of like, dude, he had no idea what was going on over here.
00:31:54.540The ones he did know about, he knew he damned it well, better sign them himself.
00:31:59.000His son is a great example of that. Does that actually hurt the argument for Biden that all the others are valid?
00:32:05.360Potentially, although they are arguing that they discussed it with him and he approved.
00:32:09.700And so some of the high profile ones, like you look at Anthony Fauci, who was pardoned, they're maintaining they discussed it with Biden and Biden said he wanted to he wanted to pardon him.
00:32:23.380If that's true, if he made the decision and directed them to sign a pardon, then under the Department of Justice's OLC memorandum, that is valid.
00:32:33.280The question is, are there ones? And according to The New York Times, there are a lot that Biden did not know.
00:32:42.280And did not approve the specific individual receiving the pardon.
00:32:46.760And if he didn't know and didn't approve, then it's not a valid part.
00:32:49.880So when you look at the timeline of this moving forward, and some of these could be very significant, one that comes to mind is Dr. Anthony Fauci, for example.
00:32:58.340This could this could, I mean, open up a whole lot of can of worms on a lot of different issues.
00:33:05.200It could. It depends what. So what I believe, I believe the White House should go through systematically through the records and see what the records demonstrate.
00:33:13.380And the Department of Justice should pick, starting with a test case to go challenge this, the look for a fact pattern in which there is the clearest absence of any approval from from the actual president and go challenge those in particular.
00:33:32.400It's going to be interesting. We're going to cover all of it. Don't forget, we do the show Monday, Wednesday and Friday.
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00:33:47.120The center and I will see you back here on Friday morning.
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