pardon power

Can Trump Legally Challenge State Convictions Over Pardons?

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Colorado Can Resist Trump’s Pardon, And That Is Exactly Why Trump Should Sue

Colorado Can Resist Trump’s Pardon, And That Is Exactly Why Trump Should Sueamuse – President Trump has now pardoned Tina Peters. Many commentators have rushed to say that this changes nothing. The president can pardon only federal crimes, they tell us.

Peters was convicted under Colorado law; therefore, the pardon is merely symbolic. Perhaps. But suppose we treat the pardon not as theater but as the opening move of a serious constitutional argument. Suppose we ask whether the standard assumption is actually right. And suppose we ask a further question, one that matters far beyond Colorado.

If a president can pardon only federal crimes, then states can neutralize the president’s constitutional power whenever they dislike its use. If the pardon power was designed to function as a national safety valve, that would be an odd design. Continue reading →

Misuse of Pardon Power: A Threat to Democracy and Integrity

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Misuse of Pardon Power: A Threat to Democracy and IntegrityLionel – 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. Continue reading →