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Should the US get rid of Presidential pardons?

posted 5 years ago by joej2923 (3026)
2 replies | jump to latest

I'd like to see the US get of rid of Presidential pardons since it puts too much power in the hands of one person. Pardons are remnants of a royal system where the monarch would issue pardons but we now have legal systems that already make a determination.

Under the advisement of William Barr, George H.W. Bush issued pardons to members of the previous administration to end the Iran-Contra investigations that could have impacted him. Trump is probably going to pardon his cronies who were convicted as part of the Russia investigation and has floated the idea of pardoning himself. Clinton pardoned his brother and the husband of a donor to his Presidential library.

By allowing one person to overrule previous legal judgments, there is the potential for cronyism, favoritism and other types of corruption. Many hours are spent by public officials to prosecute these cases and all their work is cancelled by one person who usually doesn't know the details of the cases.

[–] kukuxu (5409) 5 years ago

Brazil doesn't have a presidential pardon system*. That's how the current party in power got rid of Lula in a trial that looked like a parody of justice. It seems that after an internal fight, the former judge that sentenced Lula and who became Ministry of Justice, is thinking now about using the same weapon against Bolsonaro to became the new president of Brazil.

Without limits like presidential pardon or parliamentary immunity, judicial systems can be a very effective weapon to take down political opponents. You don't want that.

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*Well, they have, but with severe restrictions.

[–] chilidoggg (14287) 5 years ago

I would prefer a rule allowing a pardon to be overturned by 2/3 vote in the House and the Senate. That probably requires a constitutional amendment. And there has to be a reasonable time allowance, maybe 30 day time limit.

I would prefer that same rule for state governors and their legislative bodies.

The more important rule IMO is that legislation passed by Congress and signed by the President in the period between election day and the next Congress can be overturned by 1/3 +1 vote in the new Congress. (I'd even go back to legislation passed 30 days before election day.)

This idea of blanket pardoning creeps like Sholom Rubashkin who knowingly employed 400 illegal aliens is really disgusting.

https://wcfcourier.com/news/local/abraham-aaron-rubashkin-founder-of-kosher-meatpacking-in-iowa-dies-of-covid-19/article_ae7391c6-b6ea-538f-80e4-d02026eb072f.html

Rubashkin set up Agriprocessors in Postville in 1987. The plant ultimately became the scene of one of the largest immigration workplace raids in the country in 2008. Hundreds of workers, mainly from Guatemala and Mexico, were detained. Rubaskin’s son, Sholom, was convicted of federal fraud and money laundering charges in connection with the plant’s financial operations. His 27-year prison sentence was commuted in 2017 [by President Trump].