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Trump's Pardons

what a stupid goddamn system we have if you can just issue pardons in secret. fuck the Founders. Jesus.
 
When Eric Trump learned he had been pardoned, seemed a little puzzled, "Did I fart?"
 
One of the primary justifications for giving the executive almost unfettered pardon power--as opposed to requiring legislative assent--particularly in cases of treason is because (1) the legislature itself might also support the sedition and thus pressure the executive to dole out the pardon instead of allowing the traitor to be hanged in the public square as an example and (2) legislative bodies do nothing if not deliberate, and the process of deliberation may preclude the executive from quickly restoring domestic tranquility by issuing pardons in the appropriate case.

Or at least so sayeth Publius:

The expediency of vesting the power of pardoning in the President has, if I mistake not, been only contested in relation to the crime of treason. This, it has been urged, ought to have depended upon the assent of one, or both, of the branches of the legislative body. . . . But there are . . . strong objections to such a plan. It is not to be doubted, that a single man of prudence and good sense is better fitted, in delicate conjunctures, to balance the motives which may plead for and against the remission of the punishment, than any numerous body whatever. It deserves particular attention, that treason will often be connected with seditions which embrace a large proportion of the community . . . . In every such case, we might expect to see the representation of the people tainted with the same spirit which had given birth to the offense. And when parties were pretty equally matched, the secret sympathy of the friends and favorers of the condemned person, availing itself of the good-nature and weakness of others, might frequently bestow impunity where the terror of an example was necessary.

On the other hand, when the sedition had proceeded from causes which had inflamed the resentments of the major party, they might often be found obstinate and inexorable, when policy demanded a conduct of forbearance and clemency. But the principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall. The dilatory process of convening the legislature, or one of its branches, for the purpose of obtaining its sanction to the measure, would frequently be the occasion of letting slip the golden opportunity. The loss of a week, a day, an hour, may sometimes be fatal . . . .

I wonder whether this--along with other parts of the constitution--might not have been reconceptualized if the Founders had foreseen that the executive would be elected (essentially) directly by the people instead of by enlightened electors, with the time and inclination to study the issues and vote accordingly.
 
One of the primary justifications for giving the executive almost unfettered pardon power--as opposed to requiring legislative assent--particularly in cases of treason is because (1) the legislature itself might also support the sedition and thus pressure the executive to dole out the pardon instead of allowing the traitor to be hanged in the public square as an example and (2) legislative bodies do nothing if not deliberate, and the process of deliberation may preclude the executive from quickly restoring domestic tranquility by issuing pardons in the appropriate case.

Or at least so sayeth Publius:



I wonder whether this--along with other parts of the constitution--might not have been reconceptualized if the Founders had foreseen that the executive would be elected (essentially) directly by the people instead of by enlightened electors, with the time and inclination to study the issues and vote accordingly.

Oh well. We’re stuck with what they originally wanted. Nothing we can do to account for how the country, our politics, and the Office of the President have changed over the last 200+ years.
 
I meant that last paragraph more as a cautionary tale, but you take out of it what you bring to it, I guess.
 
Caution about what?
 
 
Not if they are pardoned for crimes that they haven't been convicted of yet. This seems like something you could pass a simple law against, without amending the constitution?

From my understanding, the pardon is only a “secret” in that President keeps it a secret - if the pardon were ever needed or used, it would become public knowledge. The example being used to describe the process is the President just creating a pardon document in secret and keeping it in a safe. The only real purpose of the secrecy in this case is short term -to prevent the pardons from affecting Trumps impeachment hearings. The public will probably learn about any secret pardons shortly after the impeachment is over.
 
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No pardons for the family or Rudy? Someone needs to file an immediate FOIA request for any "secret pardons".
 
From my understanding, the pardon is only a “secret” in that President keeps it a secret - if the pardon were ever needed or used, it would become public knowledge. The example being used to describe the process is the President just creating a pardon document in secret and keeping it in a safe. The only real purpose of the secrecy in this case is short term -to prevent the pardons from affecting Trumps impeachment hearings. The public will probably learn about any secret pardons shortly after the impeachment is over.

Then what is to prevent a President from issuing a pardon after he is out of office and then saying he issued it in secret while he was still President?
 
Then what is to prevent a President from issuing a pardon after he is out of office and then saying he issued it in secret while he was still President?

I think there are non-zero chances this will happen with Trump. I'm sure Jared had the forethought to take some official stationary and Trump will just back date it.
 
Then what is to prevent a President from issuing a pardon after he is out of office and then saying he issued it in secret while he was still President?

I had to look it up, apparently there is a “pardon office” where Trump has to file his “secret” pardons. Now the question is whether or not Biden could make those public.
 
I had to look it up, apparently there is a “pardon office” where Trump has to file his “secret” pardons. Now the question is whether or not Biden could make those public.

I'd predict that that does not matter to Trump. He'll break the "rules," tell anyone that complains to sue him and some judge will be left to sort out the legality.
 
The word "fraud" came up 29 times when I scanned the list of pardons.
 
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