The presidential pardon, once a symbol of justice and mercy, is now looking more like a high-stakes political circus, with Donald Trump and Joe Biden competing for the title of who can abuse this power most egregiously. This is not just a disservice to the Constitution; it’s a slap in the face to the American people, who deserve a justice system untainted by favoritism and self-interest. The founding fathers would be rolling in their graves at the sight of this constitutional privilege being twisted into a partisan weapon.
Alexander Hamilton, one of the Constitution's architects, envisioned the pardon power as an avenue for mercy, wielded sparingly to correct injustices or heal national wounds. In Federalist No. 74, he reasoned that entrusting this power to a single individual, rather than a group, would prevent its misuse. That trust now seems misplaced, as recent presidents have turned this power into a tool for self-preservation and political gain. Both Trump and Biden have taken turns desecrating Hamilton’s vision, turning clemency into an act of indulgence rather than integrity.
Take Joe Biden, for instance. In the waning hours of his administration, he issued a flurry of preemptive pardons to polarizing figures, including his son Hunter Biden. While Biden claimed these actions were meant to protect his family and allies from politically motivated prosecutions, critics saw it as a blatant abuse of power. His decision to pardon his siblings, their spouses, and even controversial figures like retired General Mark Milley raised serious questions about his commitment to justice. Such pardons, Biden argued, were about shielding the innocent from “revenge” in a future Trump administration. Yet, this explanation reeks of self-serving logic, particularly when Biden’s own Department of Justice had previously argued against granting preemptive immunity in cases where no charges were yet filed.
If Biden’s actions were troubling, Trump’s use of the pardon power was downright incendiary. After losing the 2020 election, Trump toyed with the idea of preemptively pardoning himself, his family, and close associates. While he ultimately refrained from doing so, the damage was done. Trump’s pardons included individuals like Steve Bannon, who had been charged with fraud, and Roger Stone, convicted of lying to Congress and witness tampering. Even more alarming were the pardons he issued to January 6 rioters, whom he referred to as “patriots.” By absolving these individuals, Trump not only undermined the rule of law but also sent a chilling message that insurrectionists could act with impunity as long as they had the president’s blessing.
What makes this “pardon contest” so dangerous is not just the actions themselves but the precedents they set. By using the pardon power to shield allies, reward loyalty, and protect family members, both Biden and Trump have effectively lowered the bar for future presidents. What’s to stop the next commander-in-chief from wielding clemency as a political weapon or a get-out-of-jail-free card for themselves and their cronies?
The most recent controversy surrounding Biden’s pardon of Leonard Peltier, a Native American activist convicted of killing two FBI agents in 1977, highlights the complexities of this issue. While some hailed the decision as long-overdue justice for a man who had become a symbol of government overreach, others, including the FBI director, vehemently opposed it. Biden cited Peltier’s declining health as a justification for the commutation, but critics argue that such reasoning opens the door for more politically charged pardons in the future. Meanwhile, Trump’s supporters have seized on this decision to defend his own January 6 pardons, creating a vicious cycle of tit-for-tat clemency that erodes the public’s trust in the presidency.
One of the most glaring issues with the current use of the pardon power is its lack of transparency and accountability. Both Trump and Biden have largely ignored the recommendations of the Justice Department’s Office of the Pardon Attorney, instead favoring high-profile cases that grab headlines. During Trump’s first term, only 11% of his 238 clemency grants were based on the DOJ’s recommendations. Biden, while granting clemency to federal death row inmates and thousands of non-violent drug offenders, has also left nearly 10,000 petitions unresolved. This backlog, coupled with the selective nature of high-profile pardons, underscores the need for reform.
Legal scholars have long debated the need to rein in the pardon power, arguing that its broad scope invites abuse. Some have proposed creating a bipartisan clemency board to review applications and make recommendations to the president. Others suggest amending the Constitution to impose limits on the types of offenses eligible for pardons or requiring congressional oversight for controversial decisions. However, such reforms face significant political and legal hurdles, leaving the power largely unchecked.
The consequences of this unchecked power are not just theoretical—they’re tangible. When presidents use pardons to protect their inner circles or further their political agendas, it undermines the very fabric of the justice system. The pardon power was meant to be a tool of last resort, a way to correct injustices or extend mercy to those who deserved it. Instead, it has become a means of rewarding loyalty and shielding wrongdoing, leaving ordinary Americans to wonder if the system is rigged against them.
As the proverb goes, “When the elephants fight, it is the grass that suffers.” In this case, the elephants are Trump and Biden, and the grass is the American people, left to grapple with the fallout of their self-serving actions. The misuse of the pardon power not only damages the credibility of the presidency but also erodes trust in the institutions meant to uphold justice.
If this trend continues, the pardon power may lose its legitimacy altogether, becoming nothing more than a political tool for the highest bidder. The framers of the Constitution believed in the power of mercy, but they also understood the importance of restraint. By turning clemency into a partisan weapon, Trump and Biden have betrayed that trust, leaving a legacy of abuse that will haunt future administrations.
It’s high time the American people demand better. The pardon power, as it stands, is a relic of a bygone era, ill-suited for the hyper-partisan politics of today. Unless meaningful reforms are implemented, the cycle of abuse will continue, and the presidency will become even more of a soap opera than it already is. After all, if this is the kind of “mercy” our leaders are offering, maybe it’s time we reconsider who’s writing the script.
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