DeSantis as preemptive president

So far, Ron DeSantis hasn’t run much of a presidential campaign, peaking way back in March in the polls. But lately he is taking a page from his rivals, just acting like an incumbent President, which may be a winning strategy.

Joe Biden is the de jure President, but we know he isn’t really in charge. Jill and the various family retainers actually run the White House. But as long as Old Joe keeps masquerading as the Chief Executive, the nomination seems to be his.

Donald Trump, of course, never conceded in 2020 and to his followers, he is the only legitimate President. Trump acts like an incumbent President running for re-election, eschewing debates and insisting party loyalty means every Republican must still support him.

DeSantis sees the power of incumbency, and is taking on the role of Preemptive President, moving into the Biden vacuum. Nobody doubts what a great leader the governor of Florida has been (or maybe he is President of Florida), reforming his state’s woke colleges, managing mega-hurricanes like they were cloudbursts, or shipping border refugees north, to discombobulate the Open Borders Democrats.

With the Gaza War, he is doing what our actual federal government seems incapable of doing-airlifting Americans out of Israel and shipping back badly needed medical supplies. And he finally drew blood from Trump, pointing out he was making things way too personal with Bibi.

He was first in saying “No” to any supposed Palestinian refugees and is leading the charge against Biden's lunatic idea of giving the Palestinians a $100 million.

Next month he will be debating Gov. Gavin Newsom in what will be billed as a 2024 presidential preview. Newsom is the guy who says he supports Biden, but whose actions are geared for campaigning 2024. He even pointedly visits the White House when Biden isn’t there, which is a lot of the time.

For the 3rd GOP debate, it also looks like most of the challengers are fading fast. Nikki Haley has sewn up the establishment/anti-Trump lane, ending the hopes of Pence, Christie, and Scott.

Meanwhile, the boomlet for Vivek is sputtering out, as he thought he could needle Israel the same way he did Ukraine. Even the friendly confines of Fox News, where Vivek’s public career began, has become hostile.  

DeSantis also got some good polling news from Fox, showing he and Haley, both beat Biden while Trump consistently does not beat him.

By next year, when actual GOP voting begins, it should be clear DeSantis is the only real alternative to Trump.

Of course, Trump still leads among Republicans by a wide margin. A lot of that, however, is sympathy for Trump and the despicable way he is being prosecuted by the Democrats. Republicans still have a lot to consider and time to do so, about the wisdom of supporting either man.

Ultimately, the best argument DeSantis has for his nomination is that Trump is a much weaker general election candidate; and if you really want Donald Trump to get a federal pardon, DeSantis is your best Republican hope to reach the White House.

In fact, if DeSantis really wants to show off his Presidential mettle, he ought to go ahead right now and issue pardons to Trump, other Florida residents like Roger Stone caught up in “Trump conspiracies” and anybody else with a legal nexus to whatever Trump is accused of doing. 

Now, you may say, hold it, how can a Florida governor pardon people for federal crimes or crimes in other states? The answer is -- it’s never really been attempted in this set of circumstances and there is the 5th Amendment protection against double jeopardy. Once somebody is pardoned for a crime, other jurisdictions, state or federal, may not, simply as a matter of law and practicality, be able to try them for the same thing.  

Vengeful Democrats have been eager, of course, to limit pardons Trump already gave out but the Supreme Court has not yet considered the consequences of this current attempt to limit pardon power.

It’s long past time the Scotus was forced to review the whole issue and old precedents with a bold new theory of double jeopardy and state pardon power. Armed with a DeSantis pardon, defendants could at least tie up Jack Smith, Fani Willis, and the other prosecutorial miscreants for years.

Perhaps the Supreme Court may even find the concept of a preemptive President in the plans of the Founding Fathers. Certainly, our titular President has long passed the point of defunction.

Frank Friday is an attorney in Louisville, KY.      

Image: Matt Johnson

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