Wednesday, June 29, 2022
Albert W. Alschuler (University of Chicago Law School) has posted The Corruption of the Pardon Power (University of St. Thomas Law Journal, Vol. 18, No. 1, 2022) on SSRN. Here is the abstract:
While thousands of clemency applications remained unresolved, President Trump granted clemency to potential witnesses against him, political supporters, personal friends, people with political constituencies, rap stars, abusive law enforcement officers, war criminals, and people whose applications were championed by movie stars, professional athletes, Fox News commentators, and Trump’s former lawyers. This Article provides brief descriptions of 52 of Trump’s clemency grants, many of them familiar (Stone, Manafort, Flynn, Bannon, Arpaio) and many less known (DeBartolo, Benton, Broidy, Braun, Kapri). The Article also offers a short history of federal clemency and describes some of the troublesome grants that preceded Trump’s presidency. It asks whether the Framers erred by granting a nearly unfettered pardon power to the president.