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Brennan Center / Joyce Vance: Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on Democracy
Brennan Center / Joyce Vance - Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on Democracy
Rewarding people who tried to ignite an insurrection turns the pardon power on its head.
Joyce Vance
January 3, 2025
President-elect Donald Trump says that, on the same day that he is inaugurated for his 2.0 presidency, he will pardon people who stormed the Capitol on January 6, 2021. “It’s going to start in the first hour,” he told Time magazine when they interviewed him for their cover story after naming him man of the year, “Maybe the first nine minutes.”
On the campaign trail, Trump described the January 6 rioters as “political prisoners,” conveniently forgetting the fact that those progressing through the criminal justice system were charged by grand juries and convicted by either juries or federal judges. He calls them “great patriots,” even opening his first campaign rally in Waco, Texas, with “Justice for All,” a song recorded over the phone by imprisoned insurrectionists, set to the tune of the “Star Spangled Banner.”
Pardoning them would be, as Brennan Center President Michael Waldman has said, a misuse of the president’s clemency power. And indeed, two-thirds of Americans oppose it, according to a recent Washington Post poll.
Article II, Section 2, of the Constitution gives broad power to presidents to “grant Reprieves and Pardons for Offences against the United States,” excepting only “Cases of Impeachment.” The power to both pardon crimes and commute sentences is unrestricted in any other way, except, perhaps, by the still-untested-in-the-courts limitation that a president may not pardon himself.
In other words, Trump can pardon the January 6 defendants. He would not violate the law or exceed the power extended to him by the Constitution if he did so. But while it would not technically be an abuse of his power to do so, it would be an appalling, unprecedented violation of the trust the American people place in their leaders.
In mid-December, President Biden pardoned 39 individuals convicted of nonviolent crimes and commuted the sentences of some 1,500 additional people who had qualified for early release from prison during the Covid-19 pandemic and succeeded in reentering their communities. He reflected on the exercise of the pardon power when he took that action, saying, “I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities.” The group includes “parents, veterans, health care professionals, teachers, advocates, and engaged members of their communities.”
/snip
Rewarding people who tried to ignite an insurrection turns the pardon power on its head.
Joyce Vance
January 3, 2025
President-elect Donald Trump says that, on the same day that he is inaugurated for his 2.0 presidency, he will pardon people who stormed the Capitol on January 6, 2021. “It’s going to start in the first hour,” he told Time magazine when they interviewed him for their cover story after naming him man of the year, “Maybe the first nine minutes.”
On the campaign trail, Trump described the January 6 rioters as “political prisoners,” conveniently forgetting the fact that those progressing through the criminal justice system were charged by grand juries and convicted by either juries or federal judges. He calls them “great patriots,” even opening his first campaign rally in Waco, Texas, with “Justice for All,” a song recorded over the phone by imprisoned insurrectionists, set to the tune of the “Star Spangled Banner.”
Pardoning them would be, as Brennan Center President Michael Waldman has said, a misuse of the president’s clemency power. And indeed, two-thirds of Americans oppose it, according to a recent Washington Post poll.
Article II, Section 2, of the Constitution gives broad power to presidents to “grant Reprieves and Pardons for Offences against the United States,” excepting only “Cases of Impeachment.” The power to both pardon crimes and commute sentences is unrestricted in any other way, except, perhaps, by the still-untested-in-the-courts limitation that a president may not pardon himself.
In other words, Trump can pardon the January 6 defendants. He would not violate the law or exceed the power extended to him by the Constitution if he did so. But while it would not technically be an abuse of his power to do so, it would be an appalling, unprecedented violation of the trust the American people place in their leaders.
In mid-December, President Biden pardoned 39 individuals convicted of nonviolent crimes and commuted the sentences of some 1,500 additional people who had qualified for early release from prison during the Covid-19 pandemic and succeeded in reentering their communities. He reflected on the exercise of the pardon power when he took that action, saying, “I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities.” The group includes “parents, veterans, health care professionals, teachers, advocates, and engaged members of their communities.”
/snip
1 replies
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= new reply since forum marked as read
Mump's Shithead. 