Corruption of the pardon power

Friday 14 November 2025 12:24 CST   David Braverman
CrimeGeneralHistoryLawPoliticsTrumpUS Politics

As many of the founders feared, the OAFPOTUS's worst offenses against the rule of law have come from his abuse of the pardon power. David French takes us through the history of how it got into our Constitution:

As our newsroom reported this week, at least eight people to whom Trump granted clemency in his first term have since been charged with a crime.

In addition, “Several others pardoned more recently after being convicted of offenses committed during the Jan. 6, 2021, attack on the Capitol have also run into trouble with the law.”

But the pardons just keep coming. On Sunday, Trump granted sweeping pardons to 77 people who helped him attempt to subvert the 2020 election. Last week, Trump pardoned Glen Casada, the Republican former speaker of the Tennessee House, and Casada’s former chief of staff, Cade Cothren. Both men had been convicted of charges including wire fraud, money laundering and conspiracy to commit money laundering.

We can’t say we weren’t warned. If there was one element of the American Constitution that set off the most urgent alarm during the founding era, it was the pardon power — Article II’s grant of absolute, unchecked power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

Here’s one suggestion: Amend Article II so that it states that the president “shall have Power, with the advice and consent of two-thirds of the Senate, to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

The pardon power should exist as a matter of last resort, deployed only when the American legal system has truly failed to deliver justice, or when the national interest in a pardon is overwhelming.

I'm in favor of that. I think the wording needs to be changed. And I still support a change to the structure of the US government that makes the Attorney General answer to voters and not the president, as I outlined during the OAFPOTUS's first term.

Speaking of abuses, today is the 65th anniversary of Ruby Bridges breaking the color barrier in New Orleans schools. Remember when Federal power was used to protect people?

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