Monday, December 21, 2020

Pardon Spree

   Speculation is rising as to how many pardons the president will issue before leaving office next month.
   Typically, outgoing presidents give clemency to a few who have been convicted of federal crimes but who have also shown remorse or for various reasons deserve to have a clear record.
   This year, however, considering Donald Trump's attitude toward minorities and his favoritism toward friends and supporters, many commentators wonder whether he will expand on his history of pardoning close allies, no matter how egregious their offenses.
   The potential splurge of pardons would well include members of his own family, who may be facing a variety of charges, as well as himself.
   Whether he can legally pardon himself is debatable among Constitutional scholars and lawyers, but the reality is that he may try.
   Presidential pardon power, however, applies only to federal offenses. The state of New York has been preparing a case against Trump for months, and has waited only because he has been in office, thus avoiding a potential long court argument over whether a sitting president can be indicted.
   On the federal level, the Department of Justice has a policy of not filing charges against a president while in office, thus avoiding a legal challenge as to whether they can.
   A president can be impeached and, if convicted, removed from office, after which other charges can be filed. The Constitution is clear on this issue, since it specifies that after impeachment and conviction, punishment can only be removal from office. Other charges can then be filed in court.
   But whether a president can pardon himself remains an open and major question. A president can certainly pardon anyone he likes, but only for federal offenses, even those for which no charges have yet been filed. That's called a preemptive pardon.
   Observers are waiting and watching to see who and how many of his friends, family and supporters will be pardoned before January 20, when he is to leave office.
   

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