Lawyer here. What do people think about the theory that some of these lawsuits are being brought with the underlying motive of obtaining presidential pardons?
I've long thought that a lot of these lawsuits are really being brought as quid pro quos for pardons from Trump before Biden assumes office. Ken Paxton and Rudy Giuliani are forerunners for this, in my opinion. Frankly, these lawsuits were legally baseless and any trained lawyer — including Paxton and Giuliani — knew they were dead from the start. The Texas lawsuit was downright laughable if you're familiar how the new Court views standing after Mass. v. EPA.
With that all said, pre-emptive pardons are definitely a thing (see, e.g., the Carter-era pardons). Paxton and Giuliani really didn't face much risk in bringing their respective lawsuits, as Paxton is in a red state that politically insulates him and Giuliani is too high profile to face discipline from the NY Bar Association. However, the potential gain (i.e., a presidential pardon in light of possible-to-probable federal charges in the future) is immense.
Thoughts? Is anyone else in consideration for pre-Biden presidential pardons?
Rumors that Trump is pardoning Assange, you called it. https://twitter.com/pastormarkburns/status/1338518866683686915