With the shocking presidential election results in the rearview mirror, President Biden must consider how best to cement his legacy during his remaining two months in office.
As a lame duck president, he is unlikely to ease the two international crises gripping his administration: the seemingly endless Russia-Ukraine war and the continued violence in the Middle East. It cannot protect women's right to abortion or guarantee equal voting rights.
But there is one presidential power he has left virtually untouched through which there is still an opportunity to make big changes: the venerable pardon power.
Indeed, Biden forgiven Few of the thousands of people convicted of simple marijuana possession on federal property or in Washington, D.C., served time in prison, but the pardons restored their civil rights. He also forgiven People who had long ago been convicted of violating the Uniform Code of Military Justice for consensual private acts with persons 18 years of age or older.
During his nearly four years in office, he accomplished: a pardon was granted Sentences were also reduced in 25 other cases, and 132 other people received reduced sentences.
In comparison, for eight years President Obama granted More than 200 pardons (and another 1,300 pardons) were granted to President Trump over four years for people who had served time behind bars for relatively minor drug offenses. Approximately 150 pardons It was addressed to individuals accused of various crimes, including supporters of Roger Stone, Paul Manafort, Michael Flynn, Charles Kushner, and others.
The United States puts more people in prison than any other country in the world. The pardon power gives the president tremendous power to right past injustices. While President Obama has focused primarily on nonviolent drug offenders, a laudable step, Biden has focused primarily on nonviolent drug offenders, including people convicted of racial discrimination and serving long sentences. It could choose to deploy pardon powers more broadly, whether or not to benefit criminals or people who commit crimes because of their crimes. addiction.
This is a unique opportunity for Biden to restore life to the many people who, through desperation or illness, violated federal law and are currently serving long sentences. He cannot assess the details of the approximately 8,000 individuals in the clemency petitions he has already received, much less Over 150,000 people Although he is currently serving a federal prison sentence, he can prioritize who to pardon and bestow the priceless gift of a new life, thereby adding to the president's legacy. Pardoning a small number of non-marijuana offenders is not enough.
And in exercising his pardon power, Biden faces two particularly vexing political questions. First, should he forgive? his son, Hunter Biden? He would not be the first president to pardon a close relative — President Bill Clinton Pardoned his half-brother. I can imagine the many emotions you go through when making this decision.
Mr. Biden said: will not pardon his sonThis was because he did not want to appear to be prioritizing his family over his country, but he was trying to avoid a reduction in his son's sentence.
Second, Mr. Biden must decide whether to grant preemptive pardons to colleagues in his administration that Mr. Trump has threatened to prosecute. In fact, leading Republican lawmakers have already filed, and are charging, Department of Homeland Security Secretary Alejandro Mayorkas with felonies and misdemeanors for failing to secure the border. articles of impeachment The motion against him was quickly rejected by the Senate.
Moreover, Trump hinted That Attorney General Merrick Garland (and perhaps others) committed a crime when they investigated and subsequently prosecuted him for politically motivated reasons. Presidents have offered preemptive pardons in the past, most famously to President Gerald Ford. pardon Former President Richard Nixon at the time condemned the actions taken during the Watergate cover-up.
A pardon would protect Mr. Mayorkas and Mr. Garland from the devastation of a public investigation and possible trial. And, as in the case of Hunter Biden, a pardon would prevent them from serving time in prison.
But does Biden's pardon offer suggest guilt in the public eye, given that his colleagues are probably convinced they did nothing wrong? Mr. Biden is taking his time resolving these tradeoffs.
The pardon power is unique to him in his remaining months. stay tuned.
Harold J. Krent is a professor of law at Chicago-Kent Law School and apresidential power” He has written extensively on the pardon power.
