Thursday, February 20, 2020

Pardons

Anticipating Trump's pardoning Roger Stone, I drafted a letter to send when he did it. First, I checked the Constitution, which says, "[The President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." 

So I wrote this succinct note:
Other than impeachment, the President's pardon power is absolute. As Lord Acton predicted, this corrupts absolutely. 

Stone is due to be sentenced today. But, two days ago, Trump pardoned a bunch of others. When I saw the strongly condemnatory Los Angeles Times editorial about that, I went ahead and sent my note. Today, they published a revised version:
Disregarding the possibility that Congress can impeach him, the president’s pardon power is absolute. As Lord Acton predicted, this corrupts absolutely.

I think my original is not only shorter and better, but more accurate. I'm no lawyer, but I think the wording in the Constitution means that the President can't pardon, say, a judge who's been impeached, as well as a President who's been impeached.

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