There are two things a president cannot pardon: Impeachment,
and Treason.
Articles of Impeachment are already being drawn up by "The Squad,"
and AO-C did do a good job during last year's impeachment hearings.
Precedent exists for impeaching someone no longer holding the
office he is being impeached, er, from.
The Constitution's definition: "Treason against the United States, shall
consist only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort" (Article III Section 3 paragraph 1). Several
of the current and former office-holders interviewed on Wednesday
afternoon (NPR) and evening (ABC-TV) used words associated with
such activities, such as "fomenting rebellion."
There were reports that the XXVth Amendment was being considered,
but that Pence was not yet involved, and there's a question of what
"half" the Cabinet members means since so many of the incumbents
are "Actings" who have not been confirmed. It dates to 1967.
"Section 4.
"Whenever the Vice President and a majority of either the principal officers
of the executive departments or of such other body as Congress may by law
provide, transmit to the President pro tempore of the Senate and the Speaker
of the House of Representatives their written declaration that the President
is unable to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as Acting President."
Congress then has three weeks to do something about it, but it'll be over
in two weeks. And Biden will be #47, not #46. Unless the National Archives,
which finally settled on the number that was complicated by Cleveland's
two non-consecutive terms, decides that Actings don't count in the numbering.
(There have been Actings before, notably when Reagan was hospitalized
after the assassination attempt, and GWB during colonoscopies innit.)