Are Trump’s Pardons a Blessing in Disguise?
The title of this post is the title of my piece in Lawfare arguing that, in response to President Trump’s reckless pardoning, Congress should reroute many of pardon’s routine functions into the federal courts. The piece is reprinted below:
Are Trump’s Pardons a Blessing in Disguise?
As President Trump’s irregular and self-serving pardons roll out, incoming President Biden has been urged to repair or replace the process for advising the president on the use of this extraordinary constitutional power.
It makes sense that critics have directed their ire and reform energies toward the mechanics of the pardon process, particularly since President Trump is on the record as disdaining it. But improvements in the process will not solve the problem laid bare by this president’s reckless pardoning. We should instead be asking more basic questions about what if any role the pardon power should play in the ordinary operation of the federal justice system. That system has asked far too much of pardon in recent years, and increased demand has played a major role in the power’s abuse. Congress needs to reroute many of pardon’s routine functions into the federal courts.