Trump's Misuse of the Presidential Pardon

 By Mildred Robertson

The power to pardon offers a president the opportunity to apply justice, mercy, and promote the public welfare to those who have fallen from favor with the general society. When granted to a worthy recipient, a presidential pardon can help individuals regain their lives and become productive citizens.  It removes roadblocks to acquiring gainful employment, reinstates voting rights, and reestablishes the individual as a productive member of society.

There certainly are situations where mercy is required.  It appears that most Americans approve of presidents commuting prison sentences for those extraordinary cases where continued incarceration seems unjust. There are cases where individuals were wrongly convicted. Some convictions are the outcome of prejudiced juries or prosecutors who have pursued convictions zealously despite evidence of innocence. Even some convicts have been exonerated by evidence arising from new technologies. In some instances, the sentence does not match the crime. Humans run our justice system, and sometimes we make mistakes.

A presidential pardon can be a mechanism to help bring fairness and mercy to the system.  However, there must be parameters. Our current president appears to use his pardon power to insulate himself from wrongdoing. Criminals ranging from disgraced Congressman George Santos to infamous individuals such as Sean ‘Diddy’ Combs and Ghislaine Maxwell have sought pardons from President Trump. It appears his pardons are based upon personal relationships rather than the stipulations of the Constitution regarding presidential commutations. While the Constitution grants the President the authority to grant clemency, the presidential pardon power is not boundless, as Trump claims.  The Constitution outlines several limitations. Donald Trump's use of his pardon power exceeds the constraints found in the Constitution.

Sean 'Diddy' Combs is alleged to have sought a presidential pardon

First and foremost, the president is bound to faithfully execute the laws as prescribed by the Constitution, which requires that pardons serve the public’s interest, not for “self-dealing, self-protection, or other bad faith personal reasons. Pardons cannot be used as a form of bribery. It cannot be used to hinder a criminal investigation or to persuade a witness to withhold incriminating evidence or offer false testimony. It is not a means of self-protection for the president.
Trump’s pardon of all who participated in the January 6^th assault on the Capitol, a clearly treasonous act, flies in the face of the Constitution. Many of the pardoned individuals have been involved in criminal activities following Trump’s pardoning, some of whom have landed back in jail. Trump’s possible pardon of convicted sex offender Ghislaine Maxwell smacks of self-dealing. It is a fact that his name is included in the Epstein files, and Maxwell may have incriminating evidence that ties Trump to the more salacious aspects of the case. While he attacks immigrants, accusing them of being rapists and murderers, he offers Maxwell sympathy and well wishes. 

While we wrestle with this unorthodox administration, we must examine the liberties Trump takes with his presidential powers. There are many reasons for the presidential pardon to exist. Using it to place oneself above the law is not among them.