Keeping with my pardon meme for the day…..a little history…..
There are always presidential pardons before the out going president leaves the White House…..let’s look at the worse presidential pardons in our history?
Political Pundits and television talking heads have been speculating widely and wildly about who Donald Trump will pardon before he leaves office on January 20, 2021. Will he pardon Rudy Giuliani? Paul Manafort? Steve Bannon? His children? Himself?
It is customary for an outgoing President to grant 11th hour pardons, sometimes to surprising recipients. But Donald Trump is anything but customary, and thus that pardon-guessing game offers a goldmine of interesting and in some cases alarming speculation regarding who and why.
This Christmastime gift giveaway shows us just how valuable a presidential get-out-of-jail card can be. Plus it gives a president opportunities to accomplish multiple personal and political goals.
Of course, not all presidential pardons are created equal. To be sure, justice and mercy are worthy and occasional goals. But the end-of-term pardons often reveal other, less savory objectives. Some pardons seem to be given in exchange for money (directly or as tax-free donations to a presidential library fund or other cause of interest for the outgoing president), some to settle scores, some to reward partisan loyalists.
The president’s pardon power is broad and derives from the U.S. Constitution. The only two areas where the pardon power is forbidden are a) in cases of impeachment; and b) for state, rather than federal, offenses. The question of a pardon prior to an indictment or finding of guilt was decided in the case of the Nixon pardon in 1974, when Gerald Ford granted his predecessor a “full, free, and absolute pardon” even before Nixon was charged formally with a crime (he was, however, named an “unindicted co-conspirator” in a criminal case that landed several people in his administration in jail).
The intentions of the Framers of the Constitution gave the newly invented president the pardon power to ensure justice and, as Alexander Hamilton noted a few years after the adoption of the Constitution, “restore domestic tranquility of the commonwealth.” But not every Founder was in support of giving the president this absolute power. George Mason, a convention delegate from Virginia, warned that a president might “make dangerous use of it” by pardoning crimes in which he might be a co-conspirator.
I think in the future Trump will go down with the worst pardons ever….but he will be in bad company either way.
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