Article II, Section 2, Clause 1 of the Constitution of the United States states that the president, “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
For centuries, the clause has sparked debate because it gives the president liberty to forgive any federal criminal offense.
President Andrew Johnson granted full amnesty to all confederates charged for treason after the civil war.
In 1974, President Gerald Ford pardoned his predecessor Richard Nixon for all federal crimes he “committed or may have committed or taken part in” during the Watergate Scandal.
Bill Clinton pardoned his half-brother for drug dealing offenses, and Marc Rich, a fugitive who evaded more than $48 million in taxes and ran illegal oil deals with Iran during the Iranian Hostage Crisis.
But, not all pardons are corrupt. Some have been used to overturn wrongful convictions—such as when former President Biden granted pardons to U.S. armed service members who were convicted of violating a now extinct law that criminalized consensual gay sex.
Presidential pardon power can help Americans, but it has become a means for advancing political agendas and granting personal favors.
In his last moments in office, President Biden granted preemptive pardons to protect individuals of future prosecution from the Trump administration. The list included Dr. Anthony Fauci, General Mark Milley, the House Committee that investigated the Jan. 6 attacks and his son Hunter, who faced a possible prison sentence for felony gun and tax convictions.
When Trump began his second term, one of his first decisions was to grant clemency to those serving sentences for storming the Capital building during the Jan. 6 insurrection in 2021.
Some Jan. 6 rioters had previous criminal convictions as grave as child rape and domestic violence.
Now, at least 13 of the individuals who were pardoned have been charged with new crimes since being released, including child pornography possession, sexual assault of minors, threats to kill government officials and DUI’s that involved fatalities.
While these pardons were within legal bounds and presidential authority, they raise serious ethical concerns.
Does the rule of law stand if you’re in the president’s circle or have their personal sympathy? Americans are saying no.
In a post-Watergate era, should we allow the president to hand out a personal “get out of jail” card?
As American citizens, we should scrutinize our elected officials’ decisions—the president, Congress, state legislatures, all public officials—and weed out corruption to hold the government accountable.
Instead of relying on pardons to bring justice to individuals who have been wrongly persecuted, we should demand more efficiency from the justice system to better serve common individuals and voice our opinions when the government acts corrupt or self-serving.
