Why I am trying to put the brakes on Trump's pardon powers
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The broad language used in the Constitution was designed to allow for flexibility, but it also assumes public interest-minded leaders and a respect for institutional norms.
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Trump has turned the pardon power on its head. Rather than a tool to better pursue justice, he is using it to circumvent justice. My latest proposal,
introduced in 2019, would prohibit the president from pardoning himself, his family, members of his administration and campaign employees. This would help prevent the exact type of self-dealing and reversals of justice of the pardons we are seeing issued now.
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the ability to pardon himself or herself and his or her family could be abused to create a quasi-hereditary monarchy where the first family is literally beyond the reach of the law
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Even worse, an unlawful president
could direct officials to act criminally and dangle the prospect of pardon. That creates a system of rule by decree. Laws would be completely at the discretion of the president -- a recipe for autocracy.
Should you think this is a far-fetched scenario,
it apparently has already happened. <see the article for example>
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If a president could pardon campaign officials for criminal conduct, then a person could do anything to become president, so long as he or she wins in the end. ... the new president could pardon any federal crimes committed in the "service" of his race. This isn't some crazy theory. Last week, ... <see the article for example>
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The bottom line is that, with a president more concerned about himself or herself than the nation, a pardon power that includes family, administration officials and campaign employees is overbroad and dangerous. The president could elevate himself or herself -- and his or her whims -- above the democratic process. These pardons wouldn't be "tak(ing) Care that the Laws be faithfully executed," as delineated in Article II of the Constitution, but would be self-dealing and constitutionalized corruption.
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- Congressman Steve Cohen from Tennessee