Disappeared
Many Americans think that President Joe Biden “disappeared” after he withdrew from the Presidential election last summer. Biden knew exactly what that withdrawal would mean to him. The political moniker for an office holder who is serving out his term without running for re-election is “a lame duck”. That’s because most of the powers and authorities of office are based on the idea of “what can you do for me”. And as a “lame duck”, there’s only a limited amount of time and authority to get things done, for legislators, constituents, or the Nation.
Biden knew full well what would happen when he withdrew and anointed Vice President Harris as his successor. He got shoved into the background, with Harris and Trump taking up all of the political “air”. Whether Democrats like it or not, that’s certainly a big part of the reason that Biden didn’t, as many suggested he should, get out earlier and allow for a full Democratic primary process. Biden entered office with a lot to do. He wasn’t done.
In fact, many historians compare Biden’s Presidency to that of Franklin Roosevelt’s. His efforts in the last four years not only helped the country recover from economic crisis, but left a lasting impact on the physical infrastructure. Biden’s plate was full, and he wanted to get as much done as possible. But from that Sunday afternoon when Biden withdrew, his ability to empty that plate was limited.
Power’s Lost
Biden faced a near total loss of power in three areas. First, his ability to influence legislation was over. While the President maintains the power to sign or veto laws; what can a “lame duck” promise in the legislative bargaining process? Biden didn’t take a public hand in the recent Congressional Budget and government shutdown negotiations – but he still signed the final bill keeping the government open.
Second, he lost his ability to “speak for the Nation” in international affairs. President-Elect Trump has taken a highly visible role, acting like he was already President. But even if Harris had won, Biden would still be seen as the short-timer he is. Why should the Netanyahu’s or Putin’s or Xi’s of the world negotiate with an Administration that can’t make commitments beyond January 20th?
And finally, Biden’s impact as the leader of the Nation diminished from the moment he withdrew. Instead of the leading voice of Democratic ideas and values, that role was passed to Harris, and now is vacant. And, of course, the alternative ideas and values represented by Trump were selected by the narroest of margins. Both Biden and Harris were barely rejected, (by less than 250,000 votes out of 130 million. But that rejection was still plain and final.
Power Remains
Just because Biden receded from his public role as National leader, he still continues to use his executive powers. Sure, we all are aware of the very public pardon of Hunter Biden. Controversial or not, the President continues to use the “merciful” Article II powers of pardon and commutation. Just today, he announced that he is commuting the death sentence of 37 of the 40 Federal prisoners on death row, changing their sentences to life without parole. And it’s likely that there will be more commutations, particularly of non-violent drug offenders in federal custody.
And quietly, Biden is doing everything in his remaining powers to consolidate the changes he made during his Presidency. The Project 2025 guys (and I do mean guys, no women allowed?) are in love with a concept called “impoundment”. The theory is that once Congress passes a law to spend money, the President can still determine whether to actually spend it for the “Congressional purpose”, or can take it for something else.
Spend It Now
Courts in the past ruled against impoundment, saying (rightfully) it violates separation of powers. But all bets are off with the current Supreme Court. So Biden’s getting money from the Infrastructure act, the Inflation Reduction Act and the Chips Act out of government hands. He’s making sure it’s spent, not still sitting in the Treasury, when the Trump Administration takes office.
Biden isn’t sitting on his “laurels”. He will continue to pursue his agenda behind the scenes until noon on January 20th. But Joe Biden will also stand by the principle of a peaceful transition of power, even if it’s turning power over to Donald Trump. There will be no Biden tweets: “Come to Washington, it will be a wild time”.
It will be wild enough for the next four years without that.
