The president has the absolute right to grant pardons. But Donald Trump’s spree of pardons for loyalists and business allies has raised not only political eyebrows but also legal questions about the abuse of power.
Trump has started to “expand the pardon power both in nature and in scale,” said Benjamin Wallace-Wells at The New Yorker. During his second term, he has issued nearly 2,000 presidential pardons and commutations, compared with 238 in his first term. In his latest act of clemency, Trump last week freed private equity executive David Gentile, who had just begun a seven-year sentence for a $1.6 billion fraud scheme.
‘Grotesque abuses’ “More than any previous president,” Trump has “systematically deployed” pardons to “reward loyalists” and reassure “associates that they can violate the law with impunity,” said Thomas B. Edsall at The New York Times. Over the past decade, the presidential pardon power has been subject to “grotesque abuses,” said Jonah Goldberg at the Los Angeles Times.
In his first term, Trump pardoned “lackeys and war criminals,” and now he has “outdone” himself, pardoning a “rogue’s gallery of donors, partisan allies, and people with business ties to him or his family,” said the outlet. Trump is using his pardon power as “part of his effort to put the country on an authoritarian path,” said Rachel Barkow, a law professor at New York University, to The New York Times.
Allowed under the Constitution It might seem “quaint” to reference America’s founding fathers, said The Wall Street Journal, but when they granted unlimited pardon power, they “anticipated at least a modicum of presidential restraint.” As such, there are no provisions in the Constitution to rein in a president who embarks on a pardoning spree.
Congress can’t remove the presidential power of pardon without changing the Constitution, but it could seek to “circumscribe” it around a “few basic principles,” said Bloomberg. These could include barring self-pardons and pardons given “in exchange for anything of value.” Seeking to impose these principles will “surely invite legal challenges.” But it would be difficult to “oppose them on the merits. More to the point, doing nothing would be unpardonable.” |