The pardon power has been so abused these past few administrations that it's clear there should be constitutional changes in the pardon power, either congressional review, or strip it altogether.
The way this is going, the President won’t need using any pardon powers, because the judges will all ask the President what the judgement should be in advance.
Your forget to insert the part where the President asks the convicted defendant if they want to finance their pardon with Klarna or Affirm in the Presidential Library's checkout page
Yeah we already have judgments that the executive branch has gone well beyond it's allowed limits and the majority of SCOTUS stance has been:
"Yeah well let the legal process play out ... in the meantime our guy gets to do whatever he wants, and you're still fired / kicked out of the country / funding cut / an so on".
If it is at all inconvenient for the most powerful folks in the country, they get any limits on their actions protected by SCOTUS ... at the cost of the people.
This is by the way literally word for word official statements of the ruzzian officials. The conviction rates in ruzzian courts are above 99% every year and the official explanation is that the prosecutors and police are so amazing and great, that only real criminals make it to the court. :)
Which congress do you want doing that review? The past several congresses have been unqualified to do any sort of constitutional reviewing in my opinion.
The U.S. is running an outdated installation of democracy. The French approach of just rebooting and reinstalling the entire thing seems like a good idea at this point. Except the populace is already badly split into warring camps.
I feel like we'd have a better idea of what congress is qualified to do if they ever actually tried to do something but they seem to have broadened their role from "prevent executive overreach and govern" to "prevent govern". Congress is where you send something if you want to be sure it doesn't happen.
That being said, there's always the option of just getting rid of the president's ability to overrule the people on criminal matters. We could probably go after state governors as well, that's just as rife with abuse.
> Which congress do you want doing that review? The past several congresses have been unqualified to do any sort of constitutional reviewing in my opinion
States can reject dumb amendments. Congress proposes amendments, the states ratify them [1].
I remain amazed at how, again and again, no matter how specific and unique an abuse by the Trump administration is, it is always, invariably, Really Joe Biden's Fault. Like, the frame has been adopted by the MAGA base, but also the cranky left. The media does it too. Here on HN bothsidesism is a shibboleth that denotes "I'm a Serious Commenter and not a Partisan Hack".
But it leads to ridiculous whoppers like this, and ends up in practice excusing what amounts to the most corrupt regime in this country in over a century, if not ever.
No, this is just bad, on its own, absent any discussion about what someone else did. There was no equivalent pardon of a perpetrator of an impactful crime in a previous administration I can think of. I'm genuinely curious what you think you're citing?
>But it leads to ridiculous whoppers like this, and ends up in practice excusing what amounts to the most corrupt regime in this country in over a century, if not ever.
Amen. Preach it, brother!
>No, this is just bad, on its own, absent any discussion about what someone else did. There was no equivalent pardon of a perpetrator of an impactful crime in a previous administration I can think of. I'm genuinely curious what you think you're citing?
I don't know what the poster was referring to, but I AM mad at Biden for pardoning his family. It's a molehill of an issue compared to the current administration though.
> Here on HN bothsidesism is a shibboleth that denotes "I'm a Serious Commenter and not a Partisan Hack".
HN users don't necessarily do that because they want to. They might do it as a pre-emptive defense mechanism against the brigades of de-facto censors that roam the site.
Moderation via populism is an anti-feature on its face, but Hacker News has the worst possible version of that sort of feature by making downvoted/flagged comments completely hidden unless you are logged in and showdead.
It's a pretty horrendous system if you're interested in good faith and honest debate.
When Obama really increased the number of pardons, a lot of contemporary opinion writers said stuff along the lines of "this is a dangerous precedent and we're lucky that the pardons are fairly popular and sane." Now we're seeing unpopular, not sane pardons.
When democratic norms erode like pardons becoming more acceptable, it's like laying tinder and kindling for a fire. You still need a fire; a bad actor who is willing to light the material on fire. That bad actor is Trump. But the warnings from abusing these limitations from previous administrations was exactly for this moment. Nobody is saying Trump isn't the bad one, he is. But the conditions were laid for him. Now we need to survive him.
When we look back at Roman Senators and Emperors, it's often hard as modern people to point to one, single bad figure because we don't have a lot of contemporary thought or reading from the time. But when we look back we can see the seeds of "decline" in eras rather than single figures.
The power to pardon needs to be removed all together. All it does is show that the President overrides the department of justice. How anyone ever thought this should be a thing, I have no idea.
I think a congressional pardon power to allow national leniency on previously accepted sentences that are now viewed as unjust might be worth holding onto. It being such a casual presidential power has made it ripe for corruption for a long time but I would weigh that with civil rights era pardons for sham trials - I think we do still need a national sanity check relief valve for local injustices.
And the dysfunction of congress probably works in our favor here since pardons should be exceptional - not routine. A routine pardon is just a demonstration of the justice department failing at a systemic level.
I heard the intention was that sometimes it's against the public good to prosecute some people even though they have comitted crimes. Good examples of it being used as intended was pardoning the perpetrators of the whiskey rebellion, the confederate army, vietnam draft dodgers and more controversially, Nixon. I guess it's also intended in cases where obvious miscarriages of justice have been committed. It made sense in 1785 or whenever but along with lots of the rest of the constitution it's long obsolete and has been twisted, stretched and mangled into a hideous caricature of itself over the centuries.
> The power to pardon needs to be removed all together. All it does is show that the President overrides the department of justice.
The Department of Justice is subordinate to the President as part of the executive branch with or without the pardon power; if you want something other than "the President overrides the Department of Justice" as a matter of Constitutional law rather than an intermittently-observed convention of restraint (which Trump absolutely has not observed outside of the pardon power), you need a fundamental reformation of the Constitutional structure of government, far beyond the elimination of the pardon power.
Despite abuses of it, there are still too many reasons to need it, like when President Franklin Pierce pardoned an abolitionist for harboring fugitive slaves, or when George Washington pardoned Revolutionary War vets involved in the Whiskey Rebellion.
Better yet, there are a ton of cases since the 1980s prosecutors exploiting technicalities and mandatory minimum sentencing laws to get nonviolent drug offenders imprisoned for 10+ years on simple possession (not to to sell drugs, not PWID, just possession).
> pardon power has been so abused these past few administrations that it's clear there should be constitutional changes in the pardon power, either congressional review, or strip it altogether
Strip it. I also started on the line of Congressional review (or pardons only activating on the consent of the Senate). But I concluded the entire power is out of place.
If the courts overreach, address it through legislation. Congress can annul sentences through law, no special pardon power needed. If a law is unfair or being applied unfairly, moreover, it should be fixed comprehensively.
There isn’t a place for one-man pardons in a republic. Even the imperium-obsessed Romans didn’t give their dictators, much less consuls, automatic pardon power. Caesar had to get special legislation to overrule the law.
Biden abused pardon power. So has Trump. Both parties have good reason for passing an amendment through the Congress. This is probably in my top 3 Constitutional amendment we need in our time. (Multi-member Congressional seats, popular election of the President and changing “the executive Power shall be vested in a President” to “the President shall execute the laws of the United States.”)
honestly? I think between this and hunter biden you could probably drum up some bipartisan support as long as you don't let either side find out that they accidentally agree with the other. I'm of a mind that the power of the pardon is one of many (many, many, many) ways that the so-called "egalitarian" founding fathers made sure to preserve the power of the aristocracy over that of the people. After all, a conviction has to come from a jury, and that means that a pardon is by definition the powerful elite overruling the people.
The cheerleaders for the current authoritarian coup that swarm around here are all too happy to conflate the Hunter Biden pardon and what's currently going on. As if we can't currently open a god-damned news website and read about the Comey, James and Bolton prosecutions and deduce that, yeah, Biden pretty much had no choice even though it was a shitty thing to do.
This is because these dipshits are eagerly carrying water for a vindictive dictator. They are not operating in good faith but due to the alignment of the owners of this site with those self-same fascists you are meant to act as if they're not trolls.
Trump is definitely the most egregious by a very wide margin, but the pardon power has been abused by every President in my lifetime. It's a truly insane feature of our constitution that needs to be changed.
Trump is miles ahead of other administrations in abusing it but as far back as my political awareness reaches (the Clinton admin) there have been clear awful examples like Marc Rich[1]. I certainly have a political lean but there are some really indefensible pardons on each side.
The Hunter Biden pardon was necessary because it was clear that despite his admission of guilt, he was not going to receive a fair punishment. The Republican party leadership was very open in expressing their intentions for him, and had _already_ circumvented the judicial system to give him cruel and unusual punishment.
Would be nice if Trump only pardoned people who the incoming administration explicitly said they would target, after years of constant harassment and misinformation.
I think I would support those pardons even though I think Trump and his family and his cronies are acting the way really bad people act.
Taking the above scenario as license to sell pardons for person gain is such a stretch it looks like bad faith to me.
IDK, I think Carter's pardon of draft dodgers was a pretty good use of the pardon power.
The problem seems to be that we have unjust laws and punishments. We should have some way to apply mercy in that case. For example, I (hope to) see a future where people jailed for MJ related crimes get a mass pardon.
Chelsea Manning. Prosecuting her and other whistleblowers instead of the officials they blew the whistle on was a mockery of justice. Though that wasn't the stated reason for the commutation, it was long overdue.
I mean there are lots of people arrested on effectively political charges, and it's good to be able to reflect on it years later and get them out of jail. I'm not convinced Changpeng Zhao's charges would have ever been brought against him if the Biden admin didn't go so hard against crypto, I'm happy to see him pardoned. Hopefully next Trump can get whistle blowers like John Kiriachou
That might be true, but CZ is a good candidate for a pardon. Did you know before Gensler went after him at the SEC he asked CZ for a job and was rejected?
No, government is the greatest threat to liberty. If the guy in charge of prosecuting feels the need to not just not prosecute, but actively protect someone from the state, then we really really don’t want (who? his unelected subordinates?) prosecuting people. It’s supposed to be an “err on the side of” failing to prosecute criminals. The whole point is yes… sometimes we want criminals to get away with crime, because it’s better than the alternatives.
What is the alternative? One of them is the public vote for a leader, the state destroys that leader (or his allies, etc) and then what? Do we think the public just says “Oh, well, I guess we didn’t pick the right guy?”
Some comments were deferred for faster rendering.
actionfromafar|4 months ago
And the prosecutors will ask who to prosecute.
Finally only fair justice!
mktemp-d|4 months ago
duxup|4 months ago
"Yeah well let the legal process play out ... in the meantime our guy gets to do whatever he wants, and you're still fired / kicked out of the country / funding cut / an so on".
If it is at all inconvenient for the most powerful folks in the country, they get any limits on their actions protected by SCOTUS ... at the cost of the people.
Yizahi|4 months ago
selcuka|4 months ago
bamboozled|4 months ago
unknown|4 months ago
[deleted]
1oooqooq|4 months ago
dylan604|4 months ago
eqvinox|4 months ago
collingreen|4 months ago
Hopefully we get to try from scratch a third time if that happens but I worry that collapse will be too tempting for Russia or China to not step in.
Maybe we can be lucky and get conquered by Canada first in that case? What a weird thing to think...
ratelimitsteve|4 months ago
That being said, there's always the option of just getting rid of the president's ability to overrule the people on criminal matters. We could probably go after state governors as well, that's just as rife with abuse.
JumpCrisscross|4 months ago
States can reject dumb amendments. Congress proposes amendments, the states ratify them [1].
[1] https://constitution.congress.gov/constitution/article-5/
davidw|4 months ago
davidguetta|4 months ago
ajross|4 months ago
I remain amazed at how, again and again, no matter how specific and unique an abuse by the Trump administration is, it is always, invariably, Really Joe Biden's Fault. Like, the frame has been adopted by the MAGA base, but also the cranky left. The media does it too. Here on HN bothsidesism is a shibboleth that denotes "I'm a Serious Commenter and not a Partisan Hack".
But it leads to ridiculous whoppers like this, and ends up in practice excusing what amounts to the most corrupt regime in this country in over a century, if not ever.
No, this is just bad, on its own, absent any discussion about what someone else did. There was no equivalent pardon of a perpetrator of an impactful crime in a previous administration I can think of. I'm genuinely curious what you think you're citing?
hypeatei|4 months ago
torgoguys|4 months ago
Amen. Preach it, brother!
>No, this is just bad, on its own, absent any discussion about what someone else did. There was no equivalent pardon of a perpetrator of an impactful crime in a previous administration I can think of. I'm genuinely curious what you think you're citing?
I don't know what the poster was referring to, but I AM mad at Biden for pardoning his family. It's a molehill of an issue compared to the current administration though.
LexiMax|4 months ago
HN users don't necessarily do that because they want to. They might do it as a pre-emptive defense mechanism against the brigades of de-facto censors that roam the site.
Moderation via populism is an anti-feature on its face, but Hacker News has the worst possible version of that sort of feature by making downvoted/flagged comments completely hidden unless you are logged in and showdead.
It's a pretty horrendous system if you're interested in good faith and honest debate.
Karrot_Kream|4 months ago
When democratic norms erode like pardons becoming more acceptable, it's like laying tinder and kindling for a fire. You still need a fire; a bad actor who is willing to light the material on fire. That bad actor is Trump. But the warnings from abusing these limitations from previous administrations was exactly for this moment. Nobody is saying Trump isn't the bad one, he is. But the conditions were laid for him. Now we need to survive him.
When we look back at Roman Senators and Emperors, it's often hard as modern people to point to one, single bad figure because we don't have a lot of contemporary thought or reading from the time. But when we look back we can see the seeds of "decline" in eras rather than single figures.
aaronbrethorst|4 months ago
davidguetta|4 months ago
sojournerc|4 months ago
alfiedotwtf|4 months ago
IAmGraydon|4 months ago
munk-a|4 months ago
And the dysfunction of congress probably works in our favor here since pardons should be exceptional - not routine. A routine pardon is just a demonstration of the justice department failing at a systemic level.
FridayoLeary|4 months ago
dragonwriter|4 months ago
The Department of Justice is subordinate to the President as part of the executive branch with or without the pardon power; if you want something other than "the President overrides the Department of Justice" as a matter of Constitutional law rather than an intermittently-observed convention of restraint (which Trump absolutely has not observed outside of the pardon power), you need a fundamental reformation of the Constitutional structure of government, far beyond the elimination of the pardon power.
president_zippy|4 months ago
Better yet, there are a ton of cases since the 1980s prosecutors exploiting technicalities and mandatory minimum sentencing laws to get nonviolent drug offenders imprisoned for 10+ years on simple possession (not to to sell drugs, not PWID, just possession).
lapcat|4 months ago
Past few?
How about Ford pardoning Nixon? Or George H.W. Bush pardoning a bunch of Iran-Contra conspirators, thus covering his own ass?
Arainach|4 months ago
unknown|4 months ago
[deleted]
JumpCrisscross|4 months ago
Strip it. I also started on the line of Congressional review (or pardons only activating on the consent of the Senate). But I concluded the entire power is out of place.
If the courts overreach, address it through legislation. Congress can annul sentences through law, no special pardon power needed. If a law is unfair or being applied unfairly, moreover, it should be fixed comprehensively.
There isn’t a place for one-man pardons in a republic. Even the imperium-obsessed Romans didn’t give their dictators, much less consuls, automatic pardon power. Caesar had to get special legislation to overrule the law.
Biden abused pardon power. So has Trump. Both parties have good reason for passing an amendment through the Congress. This is probably in my top 3 Constitutional amendment we need in our time. (Multi-member Congressional seats, popular election of the President and changing “the executive Power shall be vested in a President” to “the President shall execute the laws of the United States.”)
Steven420|4 months ago
apstls|4 months ago
TiredOfLife|4 months ago
ratelimitsteve|4 months ago
AniseAbyss|4 months ago
[deleted]
napierzaza|4 months ago
[deleted]
adgjlsfhk1|4 months ago
[deleted]
jsbg|4 months ago
Guid_NewGuid|4 months ago
This is because these dipshits are eagerly carrying water for a vindictive dictator. They are not operating in good faith but due to the alignment of the owners of this site with those self-same fascists you are meant to act as if they're not trolls.
returningfory2|4 months ago
abbycurtis33|4 months ago
[deleted]
McP|4 months ago
thinkharderdev|4 months ago
munk-a|4 months ago
1. https://en.wikipedia.org/wiki/Marc_Rich
mig39|4 months ago
Sounds reasonable. This is ok for Trump to do because of Hunter Biden.
Conscat|4 months ago
collingreen|4 months ago
I think I would support those pardons even though I think Trump and his family and his cronies are acting the way really bad people act.
Taking the above scenario as license to sell pardons for person gain is such a stretch it looks like bad faith to me.
dboreham|4 months ago
cogman10|4 months ago
The problem seems to be that we have unjust laws and punishments. We should have some way to apply mercy in that case. For example, I (hope to) see a future where people jailed for MJ related crimes get a mass pardon.
soraminazuki|4 months ago
FuriouslyAdrift|4 months ago
guywithahat|4 months ago
vessenes|4 months ago
ethbr1|4 months ago
If anything, it's better he was rejected for the job, as getting it would have provided an incentive to bury the prosecution.
goodluckchuck|4 months ago
What is the alternative? One of them is the public vote for a leader, the state destroys that leader (or his allies, etc) and then what? Do we think the public just says “Oh, well, I guess we didn’t pick the right guy?”