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The Brennan Center for Justice at NYU School of Law is a “nonpartisan law and policy institute that seeks to improve our systems of democracy and justice”. Caroline Fredrickson who is a senior fellow at the Brennan Center for Justice revisits the important question of how to address the misuse of the President’s pardon power. This topic has returned to the spotlight due Trump’s use of the President’s pardon power in ways that have been viewed by many as abusive. Here is an excerpt of the opinion:

In the wake of controversial pardons by Donald Trump, as well as his consideration of pardoning himself, I recently testified before a House panel for a hearing about how to prevent abuse of the clemency power.

The Constitution gives the president “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This provision allows the president to address injustices and show mercy — something that happens far too infrequently in the era of mass incarceration.

The breadth of this power has also made it susceptible to misuse. For example, President George H.W. Bush granted a pardon to former Defense Secretary Caspar Weinberger and five others convicted in the Iran-Contra scandal. And President Bill Clinton was condemned for his pardon of fugitive Marc Rich, a financier who had been indicted for multiple financial crimes. The pardon drew criticism in part because Rich’s former wife had donated to the Clinton Presidential Library and Hillary Clinton’s Senate campaign.

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