
By Roger Carlton
The purpose of a Presidential pardon is to restore civil rights
and other privileges of full citizenship such as the right to carry a gun to
felons convicted of federal offenses.
The power to pardon is
provided in Article II Section 2 of the U..S. Constitution. The process is that
an application must be made to the Office of the Pardon Attorney in the
Department of Justice. There are criteria for the pardons to be recommended by
this Office. The President has no mandate to follow those criteria.
President Franklin
Roosevelt issued 2,819 pardons during his four terms. President Barack Obama
issued 212 pardons. Some pardons have been controversial like President Gerald
Ford pardoning former President Richard Nixon. This columnist believes that a
deal was brokered by Secretary of State Henry Kissinger in order to guarantee
Nixon that no prosecution would occur if he resigned. If so, that was a fair
trade-off that eventually cost Gerald Ford the next election.
We are now in unchartered territory regarding pardons. There is much speculation that President Trump will pardon
himself, family members and other associates as a pre-emptory strike against
prosecution after he is out of office. With the Justice Department in shambles
in the waning days of the current term, this could happen. It would be a
miscarriage of justice and violative of the Rule of Law upon which our
democracy is based.
When the Framers of the
Constitution wrote the document that both grants and limits the powers of
government, they specifically excluded the power of a President to grant a
pardon to avoid impeachment. They foresaw a lot of things but did not predict
that massive political cash contributions, for example, would be the
justification for a pardon.
George Mason was one of the Framers. He worried that the power of the pardon might be abused. Simply
stated he worried that "someone of sound character and high
intelligence" might not always be elected to the highest office in the
land.
Mason argued that "the
President ought not have the power of pardoning, because he may frequently
pardon crimes that were advised by himself. It may happen, at some future day,
that he will establish a monarchy, and destroy the republic. If he has the
power of granting pardons before indictment, or conviction, may he not stop
inquiry and prevent detection?"
Another Framer, James Madison,
argued that Presidential abuse could be met with impeachment. True, but that
nuclear option has not worked in the 233 years since the Framers framed.
The next few weeks will be very telling as we learn who will be
pardoned. There will no doubt be a hue
and a cry over many of the pardons. The journalistic investigations won't be
done until after President Trump is out of office. Attorney General Barr is
already leaking that he is considering resigning. He has many reasons to do
that most of which were self-imposed. Let's be patient as the final weeks of
President Trump's extraordinary term run down and hope that any damage done to the
Rule of Law can be reversed in the next four years.