alt Hacker NewsWe need pardon reform.
I’d argue the President should not be allowed to issue pardons that are:
(1) Preëmptive (i.e. absent conviction);
(2) To himself, his current or former Cabinet members, or to any of the foregoing’s current or former spouses or children or grandchildren (or their spouses); or
(3) Issued after the presidential election in the final year of their term.
Furthermore, pardons for violent offences or corruption should be prohibited; provided, however, the President should retain the power to commute such sentences, and the Congress should have the power to regulate the manner in which the President may commute such sentences.
(Notably, I don’t believe this would apply to Ulbricht. He wasn’t convicted of a violent crime.)
Replies
An example of someone who could be pardoned would be someone committing an act of violence towards police to prevent them from enforcing a law which was later considered to be unjust and worthy of revolt against.
>(1) Preëmptive (i.e. absent conviction);
I think this is necessary class of pardons. A hypothetical example of a good preemptive pardon would be Congress repealing an unjust law, and the president pardoning anybody who broke that law before the repeal.
>(2) To himself, his current or former Cabinet members, or to any of the foregoing’s current or former spouses or children or grandchildren (or their spouses)
Agree on not pardoning himself or cabinet members. Maybe could extend that to include all political appointees. Politicians shouldn't enjoy special privileges like these. But I'm less convinced about preventing family pardons. Those people (generally) aren't politicians. And, if they plan to abuse the president's pardon to commit crimes, they'd either be asking after the crime and risking the president refusing, or asking before and leaving the president open to conspiracy charges.
>(3) Issued after the presidential election in the final year of their term.
I've grown too cynical about the voters to believe this would matter. Most people don't follow politics closely enough to know who's been pardoned, what they did, and any political/personal connections they had with the president.
If I may suggest a limitation, how about allowing the House or Senate to veto a pardon with a 2/3 majority?
> Preëmptive
amazing use of the diaresis
Regarding the substance of your comment, we do not have (IIRC) established judicial precedent for the constitutionality of preëmptive pardons. The practice originated with Ford pardoning Nixon, and has not yet been challened nor withstood judicial examination.
Personally, I'd like to see some of Biden's pardons challenged.
> (3) Issued after the presidential election in the final year of their term.
This is an interesting one for those who are seeking a second term but are at risk of losing
While I would tend to agree with the first one, and preventing someone from pardoning himself or herself, the rest is a bit much. But it's a moot point anyway. At this point amending the constitution is virtually impossible.