Supreme Court Urged to Limit Trump's Pardon Power Amid Ethical Concerns
Since returning to office, Donald Trump has issued over 1,800 pardons, targeting financial fraudsters, drug kingpins, and January 6 insurrectionists, among others. This practice starkly contrasts with Alexander Hamilton's vision during the 1787 Constitutional Convention, where he advocated for a broad pardoning power to be used with scrupulousness and caution. Trump's actions, however, have been anything but cautious, often undermining democracy and involving flagrant conflicts of interest.
Unprecedented Pardons and Democratic Threats
Trump's pardons include cases where family members of major donors received clemency, a move the constitution's authors would likely never have sanctioned. According to a Wall Street Journal report, Trump has promised mass pardons to top administration officials, with one quote stating, I'll pardon everyone who has come within 200 feet of the Oval. While the White House dismissed this as a joke, it highlights the potential for abuse.
Liz Oyer, who served as Joe Biden's pardon attorney, remarked, I think Trump has abused the pardon power to an unprecedented degree. Trump has totally lost sight of using the pardon power in the public interest. The core rationale for pardons was to remedy injustices, not to reward political allies.
Examples of Tawdry Pardons
Trump's pardons often involve questionable ethics:
- Paul Walczak, a Florida nursing home executive, was pardoned after his mother paid $1 million to attend a Trump fundraiser. Walczak had pleaded guilty to stealing over $10 million in employee payroll taxes, using the funds to buy a $2 million yacht.
- Changpeng Zhao, a crypto-billionaire, received a pardon after Binance, his company, boosted the Trump family's World Liberty Financial crypto firm, increasing its market value from $125 million to over $2.1 billion.
- Jason Galanis had his 15-year sentence commuted after defrauding $80 million from union pension funds and the Oglala Sioux tribe, with Trump wiping out restitution owed to victims.
- Former Honduran president Juan Orlando Hernández, sentenced to 45 years for drug trafficking, was pardoned after flattering Trump in a letter.
- George Santos, a former congressman convicted of fraud, served only a few months of a seven-year sentence after Trump cited his support for the agenda.
Risks to Law and Order
Trump's profligate pardon practices create a dangerous precedent. Subordinates and supporters may believe they can violate laws with impunity, expecting pardons for following Trump's orders. This undermines civil order and encourages lawlessness. For instance, Trump commuted sentences for Proud Boys and Oath Keepers convicted of seditious conspiracy related to January 6, potentially emboldening future insurrections.
Scenarios where Trump pardons individuals for illegal voter intimidation or other election-related crimes could further threaten democratic norms. Already, Trump has pardoned figures like Rudy Giuliani and Mark Meadows, who faced charges for efforts to overturn the 2020 election.
Call for Supreme Court Intervention
Legal scholars often argue that the president's pardon power is absolute, but the Supreme Court must reconsider this stance to protect democracy. Chief Justice John Roberts previously noted that prosecuting a president requires a new look at immunity rules, yet the court's rightwing majority granted Trump broad immunity in a recent ruling.
To safeguard the rule of law, the Supreme Court should impose limits on pardons, such as prohibiting clemency for cases involving bribery or personal enrichment. For example, pardons should not be granted to individuals who make large donations or provide favors that benefit the president's family.
If the court fails to act, Trump's pardons could embolden more insurrections and election denial, making a mockery of justice. As some justices warn, the constitution is not a suicide pact, and creative interpretation may be necessary to prevent authoritarian abuses.
In conclusion, the Supreme Court must step up to curb Trump's unethical use of pardons, ensuring they serve the public interest rather than personal or political gain. This action is crucial to preserving democratic integrity and ethical governance in the United States.
