6 Sep 2023 12:19 am
The Constitution gives the president the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
Why is Trump considering pardoning himself?
The most recent reason is his role in inciting the deadly insurrection at the Capitol Wednesday, when he told a crowd of supporters in front of the White House that the election was stolen and instructed them to “walk down to the Capitol” where Congress was counting the Electoral College votes.
The Justice Department said that it was not ruling out charging Trump for inciting a riot, with the U.S. attorney in Washington saying, “All options are on the table. … We will look at every actor and all criminal charges.”
Since making that statement, the DOJ has softened its position, with one official calling it a “moonshot” that “there’s any hook for criminal liability for Trump.” But even if Trump dodges prosecution now, nothing will stop the Biden DOJ, based on its review of the law and facts, from prosecuting Trump for inciting the riot.
And Biden’s attorney general pick Merrick Garland condemned Wednesday’s riots and noted that today’s priorities, “from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism,” are ones that he will be devoted.
The other recent reason is illegal election interference — specifically, Trump’s January phone call to Georgia Secretary of State Brad Raffensperger in which the president asked him to “find 11,780 votes” to change the outcome of the presidential vote in the state.
Back in 2017, the Washington Post reported that Trump consulted with his advisors on the legal authority to self-pardon when he was under investigation by Special Counsel Robert S. Mueller III as part of the Russia probe.
https://www.brennancenter.org/our-work/ ... -explained
” When it comes to reducing our prison populations, we’ve argued that this power should be used more frequently as a vital mechanism of mercy, tempering the often harsh, racist, and inequitable effects of our criminal legal system.
But the pardon power also comes with the risk of abuse. Never has this been more apparent than under President Trump, who has used it to grant clemency to people convicted of crimes relating to his presidential campaign. And now, Trump is reportedly considering trying to pardon himself for a variety of crimes, which would be unprecedented.
Why is Trump considering pardoning himself?
The most recent reason is his role in inciting the deadly insurrection at the Capitol Wednesday, when he told a crowd of supporters in front of the White House that the election was stolen and instructed them to “walk down to the Capitol” where Congress was counting the Electoral College votes.
The Justice Department said that it was not ruling out charging Trump for inciting a riot, with the U.S. attorney in Washington saying, “All options are on the table. … We will look at every actor and all criminal charges.”
Since making that statement, the DOJ has softened its position, with one official calling it a “moonshot” that “there’s any hook for criminal liability for Trump.” But even if Trump dodges prosecution now, nothing will stop the Biden DOJ, based on its review of the law and facts, from prosecuting Trump for inciting the riot.
And Biden’s attorney general pick Merrick Garland condemned Wednesday’s riots and noted that today’s priorities, “from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism,” are ones that he will be devoted.
The other recent reason is illegal election interference — specifically, Trump’s January phone call to Georgia Secretary of State Brad Raffensperger in which the president asked him to “find 11,780 votes” to change the outcome of the presidential vote in the state.
Back in 2017, the Washington Post reported that Trump consulted with his advisors on the legal authority to self-pardon when he was under investigation by Special Counsel Robert S. Mueller III as part of the Russia probe.
https://www.brennancenter.org/our-work/ ... -explained