Le Bilingue 2021 02 February

Page 9

Pardons in the United States: What are they ? - Anna H. We have all heard of pardons recently due to the many rumors about Donald Trump preemptively pardoning himself for any crimes he may have committed but how could he do that?

has been almost entirely ignored, according to the Washington Post “Of Trump’s first 94 pardons and commutations, only seven appeared to have come on recommendation of the pardon attorney”. In addition, most of Trump’s pardons have gone to “well-connected Pardons are a part of the presidential prerogative offenders” to issue clemency. It is derived from the English Kings’ right to do so. Cited in the second article of the “Most of Constitution, (“he shall have Power to grant Reprieves and Pardons for Offences against the United States, Trump’s pardons except in Cases of Impeachment.”) this power has have gone to been used by every president going back to George Washington. Its use is therefore not exceptional.

“well-connected offenders”

(wikimedia.commons.com)

The pardon power comes from Article II of the US Constitution The right to grant clemency is a key element in the American judicial system. Pardons are usually granted to people who were unjustly accused or sentenced. Barack Obama pardoned many people who were convicted on drug charges during the ‘war on drugs’, which public opinion considered to be unjust. In most cases requests for executive clemency are addressed to the pardon attorney. However, it has been gravely misused on a number of occasions. A notable controversy regarding pardons occurred when Bill Clinton pardoned Marc Rich who donated significant sums of money to the Democratic Party and Hillary Clinton’s Senate campaign that same day.

(wikimedia.commons.com)

Trump’s pardon of Charles Kushner, the father of his sonin-law Jared Kushner

But recently there were rumors of Donald Trump preemptively pardoning himself. Some constitutional and legal experts said he couldn’t. But others said he could. The truth is we don’t really know. Until now, the question had only been brought up for Richard Nixon who resigned. Another question raised was: would pardoning himself have been beneficial to him? There again answers are mixed. At first thought it seems obvious that it would have been, however it might not have protected him from state charges and it would possibly have led to charges of abuse of power.

So pardons are key to maintaining order in the American judicial system; they have been used to mend wounds in the nation and correct judicial mistakes. However Donald Trump has shown us in many of his acts that what is is not always what should be. He has shown that norms are not laws and has made it flagrantly clear that the American system has Under the Trump presidency the pardon attorney some flaws which must be amended.

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