This probably was not exactly what James Madison had in mind when he helped draft Article II, Section 2 of the Constitution.
Less than 15 minutes into Tuesday night's telecast of the Republican National Convention, President Trump appeared onscreen to sign a surprise pardon for Jon Ponder, a convicted bank robber who turned his life around with help from the FBI agent who had arrested him. The two men, and Ponder’s wife, appeared alongside Trump at the White House.
Trump made a compelling case for why Ponder deserves a pardon. Nonetheless, the scene was a stark display of the unprecedented degree to which Trump has disregarded long-standing standards of presidential propriety and used the perquisites of his public office for political purposes.
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| James Madison |
At Virginia’s ratifying convention in 1788, George Mason expressed deep concern about giving a president the power to pardon. Madison responded that presidents would be cautious about abusing them because they could face impeachment by the House. [We have now discovered that Madison's confidence in the impeachment power of the House turned out to have a shelf life of about 230 years--Esco]
Last month, Trump commuted the prison sentence of his longtime political consigliere Roger Stone, who was convicted of seven crimes, including felonies related to lying under oath to protect the president. Stone joined a long list of politically connected recipients of clemency: Joe Arpaio, Scooter Libby, Dinesh D’Souza, Conrad Black, Bernard Kerik, Rod Blagojevich, Michael Milken, Paul Pogue, David Safavian, Eddie DeBartolo Jr., and more.
The White House has taken more direct control over pardons and commutations, with Trump aiming to limit the traditional role played by the Justice Department in the clemency process. Trump has never ruled out trying to pardon himself or his children. His clemency spree undercuts Trump’s claims that he is a “law-and-order” president.
Aaron Blake noted last month that the crimes for which he has opted to unilaterally circumvent justice include: "Lying about contacts involving a man, Julian Assange, who served as a conduit for Russia’s interference in the 2016 U.S. election and who is currently under indictment (Stone). Three war crimes, including two murders (Clint Lorance). Murder (Michael Behenna). Alleged murder (Mathew Golsteyn). Arson that burned 139 acres of federal land (Steven and Dwight Hammond). Corruptly trying to sell a U.S. Senate seat for personal gain (Blagojevich). Using his high profile after the 9/11 attacks to commit tax fraud (Kerik). Refusing a judge’s order to stop detaining people suspected of being undocumented immigrants (Arpaio).”
Previous presidents have faced intense criticism for pardons. Bill Clinton’s pardon of financier Marc Rich in 2001, during his final hours in office and at the urging of a major Democratic donor, continues to tarnish his legacy. Gerald Ford’s pardon of Richard Nixon probably cost him the 1976 election.