Lionel – The presidential pardon, once a solemn instrument of mercy envisioned by the framers of the Constitution, has devolved into a highly politicized tool of self-interest and partisan warfare. The misuse of this power was glaringly evident in the waning days of Joe Biden’s presidency, as he issued a slew of controversial pardons and commutations that undermined the very essence of justice and fairness.
With mechanisms for addressing miscarriages of justice already firmly established in modern governance, the pardon power is no longer a necessary or appropriate feature of the executive office. Instead, it has become a vestige of corruption and cronyism that must be abolished.
Biden’s decision to pardon his son, Hunter, encapsulates the abuse and moral rot that the pardon power now represents. Facing impending sentencing for a felony gun charge and federal tax fraud, Hunter Biden received a pardon that reeks of nepotism and self-serving politics.
This action sends a dangerous message: connections to power can absolve wrongdoing, while ordinary citizens face the full weight of the law. Such blatant favoritism undermines public trust in the justice system and raises questions about the integrity of those who wield executive power.
The pardon of Hunter Biden is not an isolated incident but part of a broader pattern of Biden’s misuse of clemency. In his final days in office, he issued sweeping pardons to high-profile allies, including Dr. Anthony Fauci, General Mark Milley, and members of the January 6 Committee.
These preemptive pardons, aimed at shielding these figures from potential investigations by the incoming Trump administration, highlight the pardon power’s transformation into a partisan weapon. Rather than promoting national healing, as it was intended, the pardon now serves as a means of protecting political allies and undermining accountability.
Biden’s clemency spree also included police officers who testified before the January 6 Committee and other public figures who had drawn ire from political opponents. These actions further demonstrate how the pardon power has strayed from its original purpose. Instead of addressing genuine injustices, it is now wielded to settle scores and shield allies from the consequences of their actions. This trend erodes the public’s faith in the rule of law and reinforces the perception that justice is only for the powerless.
Historically, the pardon was designed to be a tool of last resort, used sparingly to correct miscarriages of justice in an era when legal systems were rudimentary and prone to error. Alexander Hamilton justified this “benign prerogative” in Federalist No. 74 by arguing that it could restore tranquility during times of rebellion or insurrection. This noble intent has long since been abandoned. Modern clemency is not about healing the nation or correcting wrongs—it is about consolidating power, rewarding allies, and insulating presidents from political fallout.
The evolution of the justice system since the founding era has rendered the pardon power obsolete. Today, robust legal safeguards, including extensive due process rights, appellate systems, and mechanisms for post-conviction relief, ensure that wrongful convictions and excessive sentences can be addressed without the need for unilateral executive intervention.
Federal sentencing guidelines provide consistency in punishment, and humanitarian release programs offer pathways for clemency in exceptional cases. These systems, while not perfect, are far more transparent and equitable than the pardon power, which remains susceptible to abuse and favoritism.
Biden’s actions underscore how the pardon has become a tool for political posturing. His decision to pardon members of the January 6 Committee, including Liz Cheney and Adam Kinzinger, reflects a calculated move to protect his administration’s allies from potential retribution.
By issuing these preemptive pardons, Biden has not only overstepped the bounds of fairness but has also set a dangerous precedent for future administrations. The implicit admission of guilt that accompanies acceptance of a pardon only adds to the controversy, casting doubt on the motives and integrity of those involved.
Even Biden’s more symbolic pardons, such as the posthumous clemency for civil rights leader Marcus Garvey, reveal the limitations and contradictions of the pardon power. While Garvey’s case represents a historical injustice that deserves acknowledgment, such actions do little to address systemic inequities in the present. They serve as political gestures rather than meaningful steps toward reform, distracting from the broader failures of the justice system.
The misuse of pardons is not unique to Biden. His actions follow a pattern established by previous administrations, including Donald Trump’s controversial pardons of political allies and family members. However, Biden’s clemency spree stands out for its sheer scope and the blatant political calculations behind it.
By pardoning individuals like Dr. Fauci and General Milley—figures central to contentious debates during his presidency—Biden has weaponized the pardon power to preemptively shield his administration’s legacy from scrutiny. This abuse reinforces the need to abolish the pardon power altogether.
The argument for retaining the pardon power often hinges on its potential to correct injustices that slip through the cracks of the legal system. Yet in practice, it has become a tool of corruption and cronyism. Presidents have used it to reward donors, allies, and friends, as seen in Bill Clinton’s pardon of financier Marc Rich and Trump’s clemency for Charles Kushner. These cases highlight how the pardon power is more often used to benefit the powerful rather than the powerless.
The modern justice system provides ample means to address errors and injustices without resorting to executive clemency. Legislative measures, such as humanitarian release programs and sentence reductions, offer transparent and accountable pathways for relief.
Courts, with their layers of review and appeals, are better equipped to handle claims of wrongful conviction or excessive punishment. By contrast, the pardon power is opaque and unaccountable, allowing presidents to act unilaterally without oversight.
The misuse of the pardon power also exacerbates political divisions. Biden’s clemency decisions have been widely criticized as partisan, further eroding trust in the presidency and the justice system. By using pardons to protect allies and preempt investigations, Biden has deepened the perception that justice is subordinate to politics. This erosion of trust is particularly damaging in a polarized political climate, where the impartiality of institutions is already under scrutiny.
The time has come to abolish the pardon power. It is a relic of an era when justice was uneven and arbitrary, and its continued existence does more harm than good.
A constitutional amendment to repeal the pardon power would ensure that clemency decisions are subject to the same checks and balances that govern other aspects of the legal system. Congress could establish a bipartisan clemency board to review cases and recommend relief, providing a transparent and accountable alternative to executive pardons.
Biden’s clemency spree is a stark reminder of the dangers posed by unchecked executive power. His actions have undermined the principles of fairness and accountability, turning the pardon power into a tool of political manipulation. By eliminating this outdated and easily abused authority, we can restore integrity to the justice system and ensure that mercy is applied equitably and transparently.
The era of scandalous pardons must come to an end, and it is up to Congress and the American people to demand the necessary reforms.
Till it be morrow, good citizen.
SF Source Lionel Nation Channel Jan 2025