What If – Part VII – Pardons

PARDONS


Concerning pardons, you should anticipate that SCOTUS will rule that the president can pardon anyone for any Federal crimes including himself, but not for State crimes. However, SCOTUS may find that the president can pardon violations of State law if the illegal act was directly or indirectly in furtherance of a federal law, order or policy. A pardon wipes out the criminal record and helps people who have served their sentences and seek to have a clean record going forward, but it really helps people who are in jail or facing criminal charges. It can be easily abused. Outgoing governor John Edwards of Louisiana evidently was provoked, and he recently pardoned 40 convicted murderers, one of whom stabbed a woman 39 times. The president can presently pardon for federal crimes without limitation. It’s right in the Constitution, Article II. The only limitation is that the president cannot pardon someone from impeachment.


Historically Presidential pardons were handed out to friends, followers and the wealthy and influential, often for a price. One president had his brother running a pardon business. The price at that time was twenty thousand dollars. The going rate went up to two hundred thousand dollars and reached five hundred thousand dollars. Ronald Reagan pardoned 406 criminals. Bill Clinton found 459 criminals worthy of pardon. The greatest pardon of all time was when Gerry Ford pardoned Richard Nixon. He said it was “for the good of the country.” Many people were convinced that a deal was struck whereby Vice President Ford became president and Mr. Nixon received a pardon from him. We believe that.


If Mr. Trump is re-elected, will he abuse the pardon power? You can bet that he will. Who has he already pardoned? Many of his political friends and supporters.


For a starter, he pardoned Charles Kushner the father of Trump’s son in law Jared Kushner, for a conviction involving illegal campaign contributions, tax evasion and witness tampering. Mr. Kushner had served two years in prison and as a convicted felon, was disbarred from practicing law in three states. Then he pardoned Ken Kurson for cyberstalking. Ken is a good friend of Jared’s.


Mr. Trump pardoned seven Republican Congressmen, some accused of stealing campaign money. Margaret Hunter, wife of Duncan Hunter was involved in a $200,000.00 theft. Chris Collins was involved in securities fraud. In addition, he pardoned Elliott Broidy, a Republican Fundraiser who pleaded guilty to conspiring to violate foreign lobbying laws in behalf of China and Maylasia.


Then there are his political team members. What a crew!


Paul Manafort, his campaign manager, was convicted and sentenced to jail for seven- and one-half years for illegal foreign lobbying, witness tampering, bank fraud, and obstructing the investigation into himself. He had served two years before he was pardoned by then President Trump. He used to wear an ostrich skin jacket worth $15,000.00. He has now resumed his “consulting” work and is expected to manage the 2024 Republican Convention. What a fine selection and example for young Republicans!


Roger Stone, the dapper gentleman with the large tattoo of Nixon on his back, was known as the “dirty trickster” specialist for conservative republicans and was convicted of lying to Congress and obstructing investigation into Russia’s interference in our 2016 presidential election. President Trump was very personally friendly with him and pardoned him.


Michael Flynn is a retired three star general and was for a time the National Security Advisor under President Trump. We believe that he heard Trump say that the military heroes who died in France during World War II were “fools and suckers.” Mr. Trump recently denied saying this, but there were other witnesses. Michael Flynn was accused of secretly lobbying for Russia and Turkey and pleaded guilty to lying to his investigators. President Trump pardoned him.


Steve Bannon was a presidential advisor to Mr. Trump. He was pardoned for raising money for a political project named “We Build The Wall, Inc.” which involved privately building a wall on the Mexican border. The four participants raised about twenty-five million dollars. They were charged with keeping it for personal use. The founder of the group was sentenced to four years in jail. He evidently wasn’t aware that private citizens were not allowed to build border walls. President Trump hesitated and only pardoned Bannon at the last minute because Bannon evidently said that Trump’s son Donald Junior was treasonous and that Ivanka Trump was “dumb as a brick.” Goodness knows what Bannon would have said to damage Trump if he hadn’t been pardoned. Bannon now resides in the Federal prison in Connecticut for the next few months, convicted of contempt of Congress which he possibly could have avoided by refusing to answer questions by invoking his fifth amendment right not to incriminate himself.


Rudy Giuliani, Mr. Trump’s personal attorney, it is claimed, sought a pardon for many of his alleged misdoings, including trying to sell Trump presidential pardons for the price of two million dollars each. (We think that inflation has taken its toll because in the 1970’s the price was twenty thousand.) He is also being sued for sexual assault, wage theft, and planning to illegally overturn the 2020 presidential election. He has a large judgment against himself obtained by two election workers in Georgia and has declared personal bankruptcy. He would like a pardon for as many of his actions and alleged misdeeds as it could cover. Remember this fine individual is Mr. Trump’s personal attorney.


Who will receive the first pardon if Mr. Trump is reelected? President Trump himself. He believes that he has the power to pardon himself and SCOTUS probably agrees with that, especially if it promotes an extremist conservative agenda. Next in line will be all the members of his family. There have been numerous questionable dealings, especially in the Middle East. Next in line will be all the Capitol invaders of January 6th,2021, who Mr. Trump has called “hostages.” Then there are Justice Clarence Thomas and Justice Samuel Alito who might benefit from pardons although as Supreme Court Justices for life they probably believe that they are immune should they be charged by Congress for undue influence, failing to report gifts, bribery and corruption. Republican Senator Mitch McConnel might be pardoned for declaring a fake rule which deprived then president Obama from making a Supreme Court nomination in his last year of office, while denying the existence of such a rule in allowing president Trump to make a Supreme Court appointment in his last few months in office, which enabled the revocation of Roe v Wade and severely damaged women’s rights as well as enabling many extremist judicial decisions.


Anyone who could damage the president might be silenced in consideration of being pardoned. The Georgia election tampering case concerns a Georgia state RICO law and wouldn’t come under the president’s pardoning power unless, again, the Supreme Court comes to the rescue. Mark Meadows, Mr. Trump’s former Chief of Staff, is a codefendant in that case along with attorney Sidney Powell who has already pleaded guilty in order to avoid jail time.


All persons who would be willing to commit illegal acts in support of the president’s instructions would not themselves be immune but could be pardoned even in anticipation of those acts, including the military.


In the briefest of summaries, we’re facing a disaster if Mr. Trump is re-elected. With the new tools of the immunity ruling and his pardoning powers democracy is in trouble, and we may have just experienced our last truly Independence Day.

GOD BLESS OUR WAR HEROES AND GOD BLESS AMERICA!