Columnist William Newman: Trump’s unpardonable abuse of the pardon power
In this Dec. 12, 2020, file photo President Donald Trump walks on the South Lawn of the White House in Washington. AP
Published: 1/1/2021 9:41:45 AM
I believe I know something about pardons and commutations. My co-counsel, Buz Eisenberg of Ashfield, and I asked a president for a number of them. Details below. The Constitution says, “The president . shall have power to grant reprieves and pardons for offenses against the United States except in cases of impeachment.” The exclusion of state crimes and impeachment proceedings are the only limitations.
The founders disagreed about whether this was a good idea. George Mason opposed the pardon provision believing a president “might frequently pardon crimes which were advised by himself….” and by granting pardons “before indictment or conviction (could) stop inquiry and prevent detection.”