Podcast Summary: "Five Opinion Writers on What Biden Should Do in His Final Days as President"

The Opinions, hosted by The New York Times Opinion, delves into the critical actions President Joe Biden should prioritize in his final weeks in office. Released on December 3, 2024, this episode features insights from five esteemed opinion writers who outline strategic moves to solidify Biden’s legacy amidst a transitioning political landscape.

1. Michelle Goldberg: Utilizing Pardon Powers to Address Legal Injustices

Timestamp: 01:19

Michelle Goldberg, a seasoned opinion columnist at The New York Times, emphasizes the unique leverage a nearing president holds through the powers of pardon and commutation. Goldberg advocates for Biden to:

• Pardon Individuals Affected by the Comstock Act: She highlights the resurgence of the 1873 Comstock Act, which, despite being largely dormant, has gained attention post the overturning of Roe v. Wade. Goldberg suggests, “Joe Biden should pardon everyone who could be prosecuted under the Comstock act by the Trump administration” (01:45). This move would protect medical professionals and organizations involved in mailing abortion pills from potential prosecutions, thereby safeguarding reproductive rights.

• Commute Charles Littlejohn’s Sentence: Littlejohn, who leaked significant tax documents, received a disproportionately harsh sentence. Goldberg proposes, “Joe Biden could commute his sentence and, by doing that, make a statement about the importance of journalism” (05:45). This act would not only rectify perceived judicial overreach but also reinforce the significance of investigative journalism in maintaining governmental accountability.

Goldberg concludes that these actions would provide symbolic victories for Biden's supporters and infuse hope into a beleaguered Democratic coalition.

2. David French: Strengthening Support for Ukraine by Seizing Russian Assets

Timestamp: 06:38

David French, a respected columnist, brings attention to the ongoing conflict in Ukraine and the strategic opportunities available to Biden:

• Seizing Frozen Russian Assets: French underscores the potential of redirecting over $200 billion in frozen Russian assets to bolster Ukraine’s economy and military efforts. He asserts, “President Biden has the opportunity to exert some real leadership… seizing that money would be a tangible way of saying the American people are still with you” (07:15).

• Preventing a Trump Administration Reversal: With the impending transition to a Republican-controlled Congress and presidency, French warns that Trump might sever support for Ukraine. By acting decisively now, Biden can ensure sustained aid, which is crucial for Ukraine’s resilience against Russian aggression.

French emphasizes that these actions would not only aid Ukraine but also deliver a significant financial setback to Russia, reinforcing global security alliances.

3. David Firestone: Securing the Federal Judiciary

Timestamp: 10:17

David Firestone, deputy editor of the editorial board, focuses on the long-term judicial implications of Biden’s remaining weeks:

• Appointing Federal Judges: Firestone urges Biden to maximize the appointment of federal judges at both district and appellate levels before January 3. He warns, “If they leave any vacancies open on the federal courts, those are going to be filled by Donald Trump” (10:45). This strategy is pivotal to counteract potential judicial shifts under a Republican administration, which may appoint more conservative and potentially extreme judges.

• Impact on Lower Courts: Highlighting that most impactful legal decisions occur in lower courts, Firestone notes, “Only a tiny fraction of the big cases go to the Supreme Court” (12:00). Ensuring a robust and diverse judiciary now can mitigate adverse legal outcomes in the future, affecting everyday lives.

Firestone also touches upon recent judicial decisions, such as the dismissal of Trump’s case by Judge Aileen Cannon, and the contentious rulings affecting abortion access, underscoring the urgency of securing judicial appointments.

4. Benjamin Appelbaum: Advancing Ethical Foreign Policy

Timestamp: 13:18

Benjamin Appelbaum, an opinion writer, critiques the Biden administration’s handling of international crises and offers recommendations:

• Addressing Sudan’s Humanitarian Crisis: Appelbaum points to the severe atrocities and famine in Sudan, calling for Biden to condemn the United Arab Emirates’ role in exacerbating the conflict. He emphasizes, “President Biden should publicly speak up about the United Arab Emirates” (14:00), aiming to hold international partners accountable and alleviate humanitarian suffering.

• Reevaluating Support for Gaza: Appelbaum criticizes the continued shipment of offensive weapons to Israel amidst the Gaza conflict. He argues, “He has continued to ship weapons, and they have been used as part of an effort that appears to have killed more than 40,000 people in Gaza” (16:30). Appelbaum advocates for adherence to American laws restricting arms sales when humanitarian aid is obstructed, urging Biden to leverage withholding weapons as a means to promote peace and compliance with international law.

Appelbaum reflects on Biden’s legacy, suggesting that these final actions could correct foreign policy missteps and uphold moral integrity on the global stage.

5. Nick Kristof: Preserving Public Lands Through National Monuments

Timestamp: 17:10

Nick Kristof, a prominent columnist, proposes the designation of new national monuments as a lasting environmental legacy for Biden:

• Designating Specific Lands in California: Kristof identifies three areas totaling approximately 1.2 million acres in California—the volcanic regions of the north, the Chuckwalla Mountains near Joshua Tree National Park, and a desert stretch near the Mexican border—as prime candidates for national monument status. He explains, “These are the slam dunks… the California state legislature has voted unanimously in favor of designating these three tracts of land” (18:00).

• Ensuring Long-Term Protection: By utilizing presidential authority, these lands would receive protections against commercial exploitation, preserving them for future generations. Kristof emphasizes the permanence of such designations, “Once we've made this decision as a nation through our elected leader, the decision sticks” (19:30), especially in light of Republican efforts to restrict presidential powers in land conservation.

• Legacy and Community Support: Highlighting broad community and Native American support, Kristof asserts that this initiative would solidify Biden’s environmental legacy, leaving a positive and enduring mark on the nation’s natural heritage.

Kristof concludes that safeguarding these lands not only benefits the environment but also resonates with the public’s desire to protect natural beauty, thereby enhancing Biden’s enduring impact.

Conclusion

In his final days, President Biden faces a crossroads with opportunities to enact meaningful and lasting change. The contributors to The Opinions collectively advocate for strategic uses of executive power—from judicial appointments and pardons to international financial strategies and environmental conservation. These actions not only aim to address immediate political and social challenges but also seek to cement Biden’s legacy as a president who leveraged his remaining authority to foster justice, support allies, safeguard democratic institutions, and protect the environment.

By focusing on these priorities, Biden can leave a transformative imprint, influencing both current affairs and future generations.