Raff Donelson

Biden’s pardon of his son going back to 2014 covers Hunters’ Burisma activities. Whether or not there was criminality, there might have been an investigation by the incoming Trump administration. That is off the table now (as is Hunter’s 5th Amendment claim before congressional investigators). Also off the table is any Trump administration investigation of Biden for issuing the pardon to obstruct justice, on a theory of obstruction akin to the ones Mueller was floating (though not in the pardon context) in Volume II of his report. Bob Bauer and I explained in “After Trump,” p. 127 ff., why a president could theoretically be prosecuted for using a pardon to obstruct justice. We also explained (p. 126) why such a prosecution would not necessarily be precluded by the Article II pardon power, which makes the pardon absolute for the beneficiary of the pardon, but “does not afford the president , as the grantor, immunity from commission of a crimes in connection with the granting of the pardon.” However, Biden is protected by the Supreme Court’s July immunity decision from criminal investigation for possible obstruction of justice by the incoming Trump administration. The Court said that a pardon was a conclusive and preclusive presidential power, and that the president's exercise of such a power is broadly immune from criminalization, investigation, or prosecution by a subsequent administration. The Court in reaching this conclusion expressed worry about “an Executive Branch that cannibalizes itself, with each successive President free to prosecute his predecessors.” I.e. Biden is the first beneficiary of Trump v. U.S.

I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback - and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I'll be withdrawing my name from consideration to serve as Attorney General. Trump's DOJ must be in place and ready on Day 1. I remain fully committed to see that Donald J. Trump is the most successful President in history. I will forever be honored that President Trump nominated me to lead the Department of Justice and I'm certain he will Save America.