Tag Archives: Pardon power

The nation is at the mercy of a raging Donald Trump — with a strong assist from the GOP

In the past week, Donald Trump, who has shrugged off most of his responsibilities as president (while he watches TV, talks to folks who encourage his crusade against the election results, and golfs — and, yesterday, decides to take off for Mar-a-Lago), has found ways — nearly every day since the election — to keep the attention of the media on himself, as well as to breach the guardrails of American democracy in unprecedented ways.

With cascades of lies and howls of grievance, Trump has fought against the fact of his defeat at the hands of Joe Biden. Last Friday, he hosted a White House meeting (described as “raucous” by the New York Times, which broke the initial story) featuring conspiracy theorist Sidney Powell (whom Trump considered naming special counsel to investigate voter fraud); retired Lt. General Michael Flynn (who recently suggested on Newsmax that Trump declare martial law, so battleground states he lost could have do-over elections); and, by phone, Rudy Giuliani (who has advocated that the Department of Homeland Security to seize voting machines as a step to overthrow the election). White House chief of staff Mark Meadows (former chair of the House Freedom Caucus and no slouch when it comes to disruptive far-right antics) pushed back with White House counsel Pat Cipollone (who appealed to the Constitution) against Flynn and others.

Trump has turned on his closest allies (Senators McConnell and Thune and Vice President Pence), after previously attacking Georgia’s governor and election officials, and even Fox News Channel; dismissed the significance of the recent sprawling cyberattack and endeavored to shift blame from Vladimir Putin’s Russia; and threatened to unravel legislation to provide overdue relief to Americans during an economic crisis brought on by the COVID-19 pandemic.

As the spotlight shifts inevitably toward Joe Biden, Trump satisfies his craving for attention, rewards those he deems loyal, and lashes out at those he faults for disloyalty. Trump is still president for four more weeks. He can wield power in ways unprecedented in American history. No one else has departed the presidency as he is doing. His avalanche of shady pardons and commutations is a case study in Trump’s governing style.

With few checks on the president’s pardon power, Trump can enjoy instant gratification with the stroke of a pen. He can pardon and commute sentences without the cooperation of Congress, the courts, or any executive branch department. This power is his alone to use as he sees fit.

Unique among American presidents, Trump has dished out pardons overwhelmingly to his friends, political allies, and family members. George H.W. Bush pardoned Casper Weinberger and other Reagan officials caught up in the Iran-Contra scandal, while Bill Clinton pardoned his half-brother and Marc Rich (the big money donor who had fled the country to escape prosecution). These, though, were exceptions, neither routine, nor representative of the pardons granted by either Bush or Clinton.

Among the crooks, grifters, scofflaws, and war criminals whom Trump has pardoned or whose sentences he has commuted, the vast majority have had a connection to Trump; or they have benefited from special pleading by friends, family, celebrities who have Trump’s attention, Republican members of Congress, and conservative media, led by Fox News Channel.

Last month, Jack Goldsmith, law professor at Harvard noted:

First, of the 41 people who received pardons or commutations (or both) from Mr. Trump, 36 (or 88 percent) have a personal or political connection to the president. They advanced an aspect of Mr. Trump’s political agenda, knew the president personally (or had a connection to someone close to him), were someone he learned about on television (usually on Fox) or a celebrity he admired. By contrast, only five of Mr. Trump’s pardons lacked a personal or political connection and appeared to be vetted through the traditional Justice Department clearing process. No president has come close to using the pardon power in such persistently self-serving ways.

That pattern, with Trump’s recent pardon spree, hasn’t changed. And yesterday’s White House announcement was especially noteworthy.

Paul Manafort—Today, President Trump has issued a full and complete pardon to Paul Manafort, stemming from convictions prosecuted in the course of Special Counsel Mueller’s investigation, which was premised on the Russian collusion hoax.  Mr. Manafort has already spent two years in prison, including a stretch of time in solitary confinement – treatment worse than what many of the most violent criminals receive.  As a result of blatant prosecutorial overreach, Mr. Manafort has endured years of unfair treatment and is one of the most prominent victims of what has been revealed to be perhaps the greatest witch hunt in American history.  As Mr. Manafort’s trial judge observed, prior to the Special Counsel investigation, Mr. Manafort had led an “otherwise blameless life.”  Since May, Mr. Manafort has been released to home confinement as a result of COVID-19 concerns.

Roger Stone— Today, President Trump granted a full and unconditional pardon to Roger Stone, Jr.  President Trump had previously commuted Mr. Stone’s sentence in July of this year.  Mr. Stone is a 68-year-old man with numerous medical conditions.  Due to prosecutorial misconduct by Special Counsel Mueller’s team, Mr. Stone was treated very unfairly.  He was subjected to a pre-dawn raid of his home, which the media conveniently captured on camera.  Mr. Stone also faced potential political bias at his jury trial.  Pardoning him will help to right the injustices he faced at the hands of the Mueller investigation.

With the stroke of a pen, Trump’s defiance of the Mueller investigation is complete. The many successful convictions expose the White House lies (attesting to a “hoax” and a “witch hunt”), but Trump has triumphed in the end. The cover-up — ensuring that neither Stone, nor Manafort turned on Trump, and in exchange are let off the hook — has to rank as one of the greatest successes of the Trump presidency.

It also represents a blow against democracy. The Constitution provides means to check a president. In the past four years, the Republican Party — with control of the U.S. Senate and the Supreme Court — has been intent on ensuring that Donald Trump would evade the most significant checks on his power. The Senate, especially, has enabled and emboldened him.

We’re living with the consequences of the Republican Party’s decision. Our country — with a rampaging president who won’t accept the results of a democratic election, and who brandishes his power to distort the rule of law to benefit himself — increasingly resembles a tin pot nation, not the world’s oldest democracy. The Republican Party has embraced this authoritarian model, which will have repercussions long past the next 30 days.

(Image: CNN on YouTube.)