Kim Wehle, an author and legal scholar, discusses her new book on presidential pardons. She explores the purpose of pardons, their potential for misuse by past presidents, and the urgent need for reform. The conversation highlights the discrepancy between granting pardons and rising incarceration rates. Wehle also examines controversial cases, such as Bill Clinton's, as well as the complex landscape surrounding Hunter Biden's situation. The discussion ultimately calls for a more accountable and transparent pardoning process.
The presidential pardon system, originally intended for justice and mercy, has been increasingly misused for political favoritism, highlighting a need for reform.
Legal scholar Kim Whaley advocates for implementing greater accountability and checks on presidential pardons to preserve their intended purpose and reduce abuse.
Deep dives
Understanding the Presidential Pardon
The presidential pardon is meant to remedy injustices and show mercy, drawing its roots from ancient legal traditions, such as the Code of Hammurabi. However, its vast and often unchecked power has led to its abuse, with recent administrations using pardons to favor close allies or political donors, undermining the original intent. For instance, President Bill Clinton's last-minute pardons included controversial figures, raising concerns about favoritism that overshadowed sincere acts of mercy. This reveals a fundamental issue within the system, prompting discussions about whether the pardon power serves the public interest or merely the privileged few.
The Need for Limits on Pardon Power
Legal scholar Kim Whaley argues that there should be more limitations on the presidential pardon power, suggesting it has become a tool for favoritism rather than a means of justice. The frequency of pardons has significantly decreased, despite a growing number of people incarcerated, yet the presidential pardon remains largely unchecked. For example, the practice of mass pardons after crises has diminished over time, indicating a shift away from its intended purpose. Whaley suggests that other countries and many states have implemented mechanisms to provide checks on pardon powers, emphasizing the need for similar reforms at the federal level.
Contemporary Examples of Presidential Pardons
The podcast discusses various contemporary examples of presidential pardons that expose the complexities and potential misuses of this power, including those by Donald Trump, who pardoned numerous individuals linked to political connections. Trump's pardons of figures like Paul Manafort and Roger Stone, who were connected to his administration's controversies, highlight the concerns over self-serving actions under the guise of exercising mercy. In contrast, President Obama used his pardon power for broader social reforms, focusing on those incarcerated for minor drug offenses, yet his actions still faced scrutiny. These examples illustrate the delicate balance between effective use of pardons for justice versus using them to reward political loyalty.
Reforming the Pardon System
Whaley advocates for reforming the presidential pardon system to incorporate greater accountability, including banning lobbying for pardons and establishing a neutral commission for evaluating applications. Her views suggest that introducing procedural safeguards can help reduce the abuse of pardon power while ensuring those truly deserving of mercy receive it. Additionally, she emphasizes the systemic issues within the justice system that disproportionately affect marginalized groups, urging a more comprehensive approach to reform that goes beyond just focusing on pardons. By bringing attention to these flaws and advocating for public discourse, the hope is to drive meaningful change in how the justice system operates.
On today’s episode of Hear Me Out: pardon interruption.
What’s the purpose of the presidential pardon? Well, depends on who you ask — hypothetically, it’s meant for course-correction and honoring restorative justice. But presidents on both ends of the spectrum have used it for purposes that are distinctly not that. So do we need the pardon or do we need to get rid of it… and either way, what’s next?
Kim Wehle joins us once again to talk about her new book, Pardon Power.
Hear Me Out ends next week. So, before then, please feel free to email the show: hearmeout@slate.com
Podcast production by Maura Currie.
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