The Constitution of the United States makes it a DUTY of the President of the United States to “take care that the laws be faithfully executed.”
When Joe Biden swears in to be the 46th President of the United States it will be his duty, regardless of political inconvenience or desires to “just move on” to take care that those suspected of violating the laws of the country —- even former presidents —- are brought to justice.
No! You might say “that’s the attorney general’s job!” Where do you think the AG gets her or his authority? S/he gets it from the President. By naming an attorney general the POTUS is delegating his authority to “take care that the laws be faithfully executed.”
Anyone who says otherwise doesn’t understand how the constitution works. The attorney general’s de facto title of “chief law enforcement officer” of the land devolves to him or her from the president.
That de facto reality, however, DOES NOT excuse the president from his constitutionally mandated DUTY to “take care that the laws be faithfully executed.”
That it would be a former political opponent who might be suspected of violating the laws of the United States makes no difference with regard to president’s duty.
Even in such a case, the POTUS’s duty to take care that the laws be faithfully executed remains. His failure to do so would be a betrayal of his duties and HIS OATH OF OFFICE.
If Biden finds it too distressing to take care that the laws be faithfully executed because he thinks it is “divisive” then he should step aside and allow someone strong enough to do the job for him.
It would also be nice useful for lots of pearl clutchers bemoaning the spectre of an investigation of a “political opponent” should:
1. understand the difference between prosecuting someone BECAUSE they are your political opponent, and prosecuting someone who HAPPENS to have been your political opponent.
2. take comfort in Trump’s failure to prosecute his political opponents despite numerous investigations launched at his behest. Why did Trump fail? Because even his most loyal prosecutors knew the courts would not permit a politically motivated prosecution.
We do have three co-equal branches of government, and the judiciary’s considerable power kept Trump’s worst desires from being fulfilled. Those same courts would likewise scrutinize any prosecution of Trump brought forward by a Biden administration assuring no politically motivated prosecution would ever get off the ground, especially since such prosecution would be of a former president who would be beneficiary of great deference by the courts.
So, any Biden era prosecution of Trump and his cronies will certainly and only be legitimate prosecutions.
3. A successful Biden-era prosecution of Trump and his cronies will deter the next Trump from even consider running, so everyone will at last, be able to “move on” from the Trump era.