The American Democracy Minute Radio Report & Podcast for Dec. 3, 2024
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
December 1st, President Joe Biden pardoned his son Hunter, convicted on federal gun and drug charges. President-elect Trump recently nominated Charles Kushner, whom Trump pardoned for tax evasion and witness tampering, to become ambassador to France. How did Presidential pardons evolve, and what are their limitations?
Article II, Section 2 of the Constitution gives the President the authority to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Proposed by Alexander Hamilton, the Constitutional Convention debated whether the President could unilaterally pardon, or whether approval was needed by the Senate. The U.S. Supreme Court later interpreted Section 2 as unilateral with broad powers, but limited to federal offenses.
Among the most controversial are President Andrew Johnson’s pardon of Confederate President Jefferson Davis, and in recent times, President Gerald Ford’s pardon of President Richard Nixon, both citing the need for reconciliation.
The White House Historical Society notes that in order for a pardon to be given, a crime must first be committed, and can only extend to FEDERAL, not state crimes. Ballotpedia, using DOJ statistics, calculates there were 21,130 pardons & commutations from 1902 to 2024. Biden has now issued 26 pardons & clemencies, not including blanket clemency to 6500 Americans convicted of simple marjuana possession. Trump pardoned 143, and gave clemency to 94 others.
See the statistics at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Politico – We haven’t seen a pardon as sweeping as Hunter Biden’s in generations
USA Today – Trump nominates Charles Kushner, who he pardoned in 2020, as US Ambassador to France
US Department of Justice – Political Contributor and Developer Charles Kushner Sentenced to Maximum 24 Months for Witness Retaliation and Other Crimes
US Department of Justice – Office of the Pardon Attorney – Statistics
The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review
BallotPedia – Executive clemency and presidential pardons
Pew Research – Trump used his clemency power sparingly despite a raft of late pardons and commutations
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