it is within the presidential powers. congress can impeach him for it if they feel it is out of line, but at this point it would be as pointless as the 2nd trump impeachment. the democrats still control the senate for a few weeks and there won't be a big enough majority in the new term to convict. it's also a lame duck in his eighties who shows clear signs of mental decline and probably won't live to the next 4 year election.
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