Skip to content
Search

Latest Stories

Top Stories

Abused pardon power: One of the bigger problems Trump's leaving behind

Roger Stone

If you're a Trump crony, like Roger Stone, crimes are not really crimes, writes Marcuss.

Brendan Smialowski/Getty Images
Marcuss, a retired partner at the law firm Bryan Cave and a former senior fellow at Harvard's Kennedy School, is on the steering committee of Lawyers Defending American Democracy.

The president's pardon power is thought by many to be virtually unlimited. As he heads out the door, President Trump's pardoning of criminals who lack remorse and cronies who lack conscience challenges us to reexamine that belief.

The unadorned words of the Constitution seem to place no limits on the pardon power except in the case of impeachment. But skeptics may be forgiven for asking why the Constitution should permit pardons for murderers, thieves, tax-cheats, fraudsters and secret foreign agents — or those who have obstructed justice, lied to the FBI, abused immigrants, used campaign and corporate cash for improper purposes, disguised personal expenditures as charitable contributions and used prostitutes to entrap enemies.

Pardons like these undermine the entire criminal justice system. If you're a Trump crony or someone who obstructed justice to protect him, crimes are not really crimes. They are a sordid badge of honor.

There are two systems of justice in this country, one for the rich and well-connected and the other for everyone else. Trump's pardons create two more categories, one for those in the president's favor and another for those who are not. Criminals in the president's favor go free. The rest end up in jail. There is little wonder why cynicism runs rampant.

Cynicism will be one of the lasting legacies in Trump's parade of horrors. And it pervades much more than the administration of justice.

Consider: Use of the White House to enrich the president and his family, use of the Justice Department to protect the president personally and punish the president's enemies, interference with congressional oversight responsibilities by withholding information or prohibiting witnesses from testifying.

Consider also retaliation against whistleblowers, governing by executive order instead of congressional enactment, trashing international agreements, encouraging violence, failing to protect the public from a health crisis for fear of hurting the stock market — and, at the end, throwing the country into turmoil by falsely challenging the legitimacy of presidential elections.

We used to think it cannot happen here. Well, it has been happening here, and the country must do something about it. We cannot afford simply to hope that another Trump will not reappear in the Oval Office. Human nature has not changed. Greed, the seduction of power, and lack of moral principle lurk in the shadows, ready always to pounce. Future Trumps may be more skilled than the original in stealing democracy.

Tackling the unfettered exercise of the pardon power should be among the first orders of business in the new Biden administration. The Constitution must not be allowed to become a death warrant when politicians behave as if it contained no constraints.

The pardon power has been used by President Trump to create a class of citizens who are above the law. It has been bad enough when Trump issued a pardon after a conviction or guilty plea. It has been even worse when he has telegraphed in advance that pardons for future illegal behavior are likely. That is nothing more than a license to ignore the law. And when a president pardons those who commit crimes in service of his interests, he licenses his own wrongdoing as well.

Richard Nixon one haughtily proclaimed that "when the president does it, that means that it is not illegal." Trump once said that he could shoot someone on Fifth Avenue, and no one would stop him. A president who wields the pardon to shield his own criminality would be out-Nixoning Nixon.

The fact that the Constitution appears to place few restrictions on the exercise of the pardon power should not be an insuperable obstacle to reform. Many matters on which the Constitution is silent are dealt with through legislation to fill in gaps or reconcile conflicting provisions.

Among the many examples are constraints imposed by legislation on the use of firearms despite the absence of constraining words in the Second Amendment. Another is the permission enshrined in law to sue for libel or provide government support for religious-run schools despite the absence of constraining words in the First Amendment.

It is hard to imagine any good argument for permitting pardons as personal or political favors or to cover up a president's wrongdoing. It is equally hard to imagine a good argument against constraining the pardon power to cases of recognized injustice or situations of compelling mercy.

Some say that there are difficulties under the Constitution in trying to restrict the president's pardon power or defining when pardons are appropriate. Some also say there are difficulties in tackling other presidential abuses of power.

But difficult issues are difficult because of their importance. A hope that the depredations of the Trump administration will disappear when Trump is out of the Oval Office is naïve. Abuses of presidential power have been accumulating for decades. Reform of the pardon power is an essential starting point despite the challenges because the corrupt forgiveness of criminality is the rot that will eventually destroy the Constitution itself and render other reforms irrelevant.

In Shakespeare's "Merchant of Venice," Portia instructs that "the quality of mercy is not strained" and that mercy blesses the giver as well as the receiver. A corrupt pardon dressed in robes of phony mercy blesses neither. It diminishes both giver and receiver and threatens the rule of law that is the bedrock of American democracy.

Read More

The Climate Bill Is Here—and Republicans Just Handed You the Check

Climate change isn’t a distant threat. It’s an everyday expense. And for millions of Americans, the costs are already piling up.

Getty Images, Andriy Onufriyenko

The Climate Bill Is Here—and Republicans Just Handed You the Check

Introduction

Donald Trump ran on fighting inflation. Instead, he’s helped push prices higher—and made life more expensive for everyday Americans. As climate disasters disrupt farms, raise food prices, and strain household budgets, GOP leaders are attacking the science and policies that could help us adapt. From wildfires in California to droughts in Arizona and floods in Texas, extreme weather is turning climate denial into a hidden tax on working families.

Keep ReadingShow less
Pharma Industry and Ballard Partners Dominate the Lobbying Space in Second Quarter of 2025
Douglas Rissing/Getty Images

Pharma Industry and Ballard Partners Dominate the Lobbying Space in Second Quarter of 2025

Pharmaceutical and health products companies continued to dominate the lobbying space in the second quarter of 2025, spending $105.4 million to influence public policy. That industry has spent more on lobbying than any other, during every quarter but one, since 2010, according to an OpenSecrets analysis of disclosure reports.

That total was down from the industry’s first-quarter total ($121.4 million) but still 38 percent more than the second biggest spender, the electronics industry.

Keep ReadingShow less
classroom, learning, teaching, class, students

Although the DOE has expressed concerns about declining academic outcomes among marginalized students, it continues to pursue policies that have proven to be detrimental.

Getty Images, Rafa Fernandez Torres

The Trump Administration and Failing Schools

What is Trump’s administration doing to eliminate achievement gaps between minorities, English learners, socioeconomically disadvantaged students, and children with learning disabilities? Arguably, the administration is promoting policies that worsen these issues. The Department of Education (DOE) has expressed concerns about data representing the declining academic outcomes of these subgroups, but it continues to pursue policies that have proven ineffective and detrimental.

The curricula and subjects taught are being adapted to prepare students for the workforce and provide them with skills to succeed. For example, schools are promoting AI literacy and preparing students for an AI workforce, but the administration is not addressing the needs of students with learning disabilities and varying limitations. Large Language Models (i.e., ChatGPT) generate responses based on datasets of neurotypical users, which do not accommodate individuals with dyslexia and challenges with reading comprehension. Additionally, voice models are not optimized for users with non-standard speech patterns. Students with non-verbal learning disabilities also struggle to interpret AI language, which uses abstract phrasing and indirect expressions, and people with ASD excel with more concrete language and visual supports.

Keep ReadingShow less
Seattle’s Democracy Vouchers Show What a Healthier Democracy Can Look Like

Democracy Voucher

Credit: Tom Latkowski

Seattle’s Democracy Vouchers Show What a Healthier Democracy Can Look Like

In a political era dominated by billionaire-funded Super PACs, voter suppression efforts, and widening gaps in political participation, it’s easy to feel like our democracy is slipping further out of reach. But in Seattle, we’ve spent the last decade quietly building something remarkable: a program that gives everyday people real power in our elections.

Seattle’s Democracy Voucher Program is the first of its kind in the nation. And it works. Since its launch in 2017, the program has transformed how campaigns are funded, who runs for office, and who gets heard in our local elections. It’s become a powerful counterweight to the influence of big money in politics and proof that a different kind of democracy is possible.

Keep ReadingShow less