The American Democracy Minute Radio Report & Podcast for Dec. 4, 2024

Brian is out today, preparing for an event. This report follows on yesterday’s report on the pardon and its limits.

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.

Recently, we discussed the President’s broad powers and some limitations to issue a pardon. But can a U.S. President pardon him or herself?  

Former President Trump tweeted in 2018, “I have the absolute right to PARDON myself,” and he discussed that possibility after the January 6th insurrection, according to the New York Times.  

Professor Michael J. Conklin of Texas A&M Law School and Angelo State University examined law review articles on self-pardons and conducted his own survey of 95 law school faculty around the country.  He found that while a slight majority of scholars think the answer is “no,” it’s far from definitive.  

One legal principle dating back to the 1500s states, “no-one is judge in his own cause.”  Some point to the Constitution’s language giving the President authority to pardon ANY citizen, except in cases involving impeachment.  Others cite a U.S. Justice Department memo after Watergate which concluded the President cannot self-pardon.  

Yet other experts say the Constitution inherently opposes “self dealing.” In U.S. vs. Wilson, Justice John Marshall wrote , “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws . . . One cannot bestow grace upon oneself.”  

One thing on which most scholars DO agree:  If such a pardon were to occur, it would ultimately be decided upon by the U.S. Supreme Court.  We have links to these discussions at AmericanDemocracyMinute.org.   I’m Brian Beihl. 

Today’s Links

Articles & Resources:

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

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U.S. Election Assistance Commission – Register And Vote in Your State

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#Democracy  #DemocracyNews #PresidentialPardon #TrumpCriminalTrials #JoeBiden

The post Can a U.S. President Pardon Him or Herself?  Legal Scholars ThinkThe Question Will Likely End Up in the U.S. Supreme Court. appeared first on American Democracy Minute.

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

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

Please follow us on Facebook and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #PresidentialPardon #HunterBiden #Clemency

The post President Biden Pardons Son, Trump Previously-Pardoned Ambassador Nominee & Family Member.   How Did Presidential Pardons Evolve? appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Nov. 10, 2023

Brian is gone today. This is a rebroadcast of Aug. 28, 2023.

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.

Last week, we discussed the President’s broad powers and some limitations to issue a pardon. But can a U.S. President pardon him or herself?  

Former President Trump tweeted in 2018, “I have the absolute right to PARDON myself,” and he discussed that possibility after the January 6th insurrection, according to the New York Times.  

Professor Michael J. Conklin of Texas A&M Law School and Angelo State University examined law review articles on self-pardons and conducted his own survey of 95 law school faculty around the country.  He found that while a slight majority of scholars think the answer is “no,” it’s far from definitive.  

One legal principle dating back to the 1500s states, “no-one is judge in his own cause.”  Some point to the Constitution’s language giving the President authority to pardon ANY citizen, except in cases involving impeachment.  Others cite a U.S. Justice Department memo after Watergate which concluded the President cannot self-pardon.  

Yet other experts say the Constitution inherently opposes “self dealing.” In U.S. vs. Wilson, Justice John Marshall wrote , “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws . . . One cannot bestow grace upon oneself.”  

One thing on which most scholars DO agree:  If such a pardon were to occur, it would ultimately be decided upon by the U.S. Supreme Court.  We have links to these discussions at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
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

Please follow us on Facebook and Twitter and SHARE! 
Find all of our reports at AmericanDemocracyMinute.org
Want ADM sent to your email?  Sign up here!
#Democracy  #DemocracyNews #PresidentialPardon

The post Pardon Me: Can a U.S. President Pardon Him or Herself?  The Question Will Likely End Up in the U.S. Supreme Court. appeared first on American Democracy Minute.