The Atlantic

Our Founders Didn’t Intend for Pardons to Work Like This

The Constitution allows the president to forgive any federal crime, but just because he can does not mean he should.
Source: GraphicaArtis / Getty

On Tuesday, President Donald Trump commuted the sentence of Rod Blagojevich, the former Illinois governor and Celebrity Apprentice contestant who was imprisoned for trying to sell Barack Obama’s Senate seat. The president also pardoned the former San Francisco 49ers owner Edward DeBartolo Jr., the “junk-bond king” Michael Milken, and former NYPD Commissioner Bernard Kerik, among others. Each person had some connection to the president, a fact that the White House press announcement on the decisions made clear. Trump seems to view clemency as a way to reward celebrities and please his supporters.

The country’s Founders did not intend for the clemency power to be used as a prize. Article II of the Constitution allows the president to forgive any federal crime, but just because he can does

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