Key Takeaways:
– President Trump can use his presidential pardon authority to quell political prosecutions.
– Pardon power is widely recognized as the prerogative of the executive, shielded from judicial review.
– Historical precedent shows pardons to include state law offenses, affirming its broad scope.
– This authority can be applied to end the politically motivated allegations against Republican electors.
– Democrats may not object to the comprehensive use of pardon power.
Understanding the Presidential Pardon Power
The noise over Joe Biden’s generous pardon of his son Hunter is primarily from Deep Staters. They resist constraints on political prosecutions, which Democrats frequently apply against Trump and his loyalists. Taking a look at a recent liberal headline from the Washington Post, an article pleads for restrictions on pardon power.
What crucially needs to be understood about this power is a point repeatedly emphasized by the renowned U.S. Supreme Court, including Chief Justice William Rehnquist. Pardons seldom, if at all, warrant judicial scrutiny because they fall under the president’s purview. The Constitution’s pardon clause covers all crimes against the United States.
Inclusivity of the ‘United States’
The Constitution employs ‘United States’ as an umbrella term covering all States. This is evident in the Preamble’s phrase, “We the People of the United States” and in Article I, Section 8’s reference to the “general Welfare of the United States.”
Look back to when President Ulysses S. Grant pardoned officials. They had been sentenced under state law for permitting Susan B. Anthony’s vote in the 1872 presidential election. This expansive power to pardon, even though it entailed state law, is widely acknowledged.
The Federal Crimes and Pardon Power
Interestingly, the U.S. Department of Justice that prosecutes federal crimes today only came into existence in 1870. The few federal crimes outlined in the original Constitution include treason, piracy on the high seas, and counterfeiting. However, the pardon power ranges beyond these, contradicting those who argue it applies solely to federal crimes.
Investigating the Current Political Prosecutions
The existing political prosecutions allege crimes related to the 2020 presidential election against Republican electors in Arizona, Georgia, and Michigan. Unlike common law crimes such as murder or robbery, these are within the presidential pardon scope. Trump can use pardons to halt this local prosecutors’ power misuse.
The Rising Tide of Political Charges
Recently, Wisconsin Democrats sued new, sweeping criminal charges against Trump’s allies and advisers over the 2020 election disputes, which the US public resolved by reelecting Trump last month. Trump should pardon these and similar charges on 20th January. This flows with the broad presidential pardon power scope and guarantees Trump receives honest advice.
Stance of the U.S. Supreme Court
Recall when Colorado wrongly denied Trump a place on its presidential primary ballot earlier this year. The U.S. Supreme Court unanimously agreed that this was incorrect, negatively impacting the entire United States. By analogy, Trump should stop the political prosecutions for the Nation’s good, issued by Alvin Bragg, Fani Willis, Josh Kaul, and Kris Mayes.
Historical Perspectives on Pardon Power
Alexander Hamilton, in Federalist No. 74, suggested that the pardon’s merciful privilege should be minimally restrained. A well-liked conservative president, James Monroe, granted 419 pardons.
Presidential Pardons: Broad and Wide-ranging
President George Washington and many others have issued pardons with a wide scope. These pardons often halted state prosecutions. President Bill Clinton first issued a posthumous pardon in 1999, raising eyebrows as the deceased couldn’t accept it. However, there was never a challenge to it.
Finally, Biden’s bulk pardon of his son should prevent liberal media from criticising Trump if he opts for similar action to put an end to politically motivated prosecutions. While Democrats might feel aggrieved over Trump’s full use of the pardon power, it is a necessary measure against the unparalleled police-state tactics that now pervade. It is high time to control the tyranny exerted by politically driven prosecutors – both at the state and federal levels – through Trump’s extensive use of pardon power.