The Pardon Power's Importance amid Presidential Abuses
Jan 22, 2025
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Clark Neily, Senior Vice President for Legal Studies at the Cato Institute and an expert on the presidential pardon power, dives into the recent abuses of this constitutional authority. He discusses the implications of blanket pardons by Presidents Biden and Trump, emphasizing the delicate balance of justice and power. Neily examines the controversial pardons related to the January 6th Capitol attack, raising critical questions about accountability and the integrity of the process. He concludes with a call for reforms to protect against potential misuse.
Recent presidential pardons by Biden and Trump expose a troubling trend of potential nepotism and the evasion of accountability in the justice system.
The podcast calls for fundamental reform in the presidential pardon process to prevent abuses of power favoring political interests over genuine justice.
Deep dives
Concerns Over Presidential Pardons
The discussion centers around the presidential pardon power, which is embedded in the Constitution. Recent pardons granted, particularly by outgoing President Biden to family members and associates, have ignited debates regarding the potential for strategic abuse of this power. Concerns arise over whether these pardons are legitimate or if they signify a troubling shift towards nepotism and the evasion of accountability. The implications of these pardons suggest a potential precedent for future administrations to misuse this authority, undermining public trust in the justice system.
Double Standards in Pardon Practices
The episode highlights a stark contrast in how presidential pardons are applied, particularly in the context of the January 6 Capitol riots. President Trump pardoned many individuals involved in violent acts during the riots, raising questions about the nature of justice and accountability for such conduct. While some individuals may deserve leniency for excessive penalties, many of those pardoned by Trump committed serious crimes that led to widespread violence and chaos. This disparity showcases the potential for the pardon power to be misused, favoring those aligned with political interests over genuine cases of injustice.
Need for Pardon Reform
The conversation also emphasizes the need for reform in the process surrounding presidential pardons to prevent future abuse. Historical practices have seen the Department of Justice exert significant control over pardon requests, leading to conflicts of interest and underutilization of pardon power. There is a call for a more neutral entity to oversee and review pardon applications, ensuring decisions are based on merit rather than political affiliation. Ultimately, any meaningful reform would need to occur at a constitutional level, given the open-ended nature of the power granted to the president.
US Presidents past and present have abused the constitutional pardon power, but the abuses of that power in just the last week by Presidents Biden and Trump should get special scrutiny. Clark Neily explains.