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I’m not going to pretend that if I were facing jail time and my lawyer said “this is another legal thing that can be done in the hopes of avoiding jail time” that I would say “I broke the law, I should just go to jail and serve my time.” I’d probably do the thing my lawyer said was an option.
It would be up to Congress to make something that couldn’t simply be reversed, but I wouldn’t say now is the time for that since the GOP-controlled House almost certainly wouldn’t pass the bill, even if the Senate did. Biden can only issue executive orders that can be reversed on a whim.