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Clemency, as structured by the Constitution, has no check or balance other than politics. And, in yet another political cycle, we are utterly failing to employ that lone check on this power of kings.

The Constitution gives the president sole discretion over clemency, a remarkable and uniquely unchecked power. Historically, at its best, presidents have used it to smooth over the roughest edges of criminal justice.

President Gerald Ford used it to grant thousands of conditional pardons to Vietnam-era draft evaders and deserters after the exigency of that war was over, and President John F. Kennedy used it to shorten the sentences of some sentenced under a draconian marijuana law.

clemency has not been the focus of a question at a presidential debate in the past few decades

no "undecided voter" has pressed a candidate for their views on how the pardon power should be employed.

in the last debate, neither candidate talked about how they would use clemency prospectively, even in a heated discussion on criminal justice.

Trump and Biden present very different issues relating to clemency (which includes the power to shorten sentences through a commutation or forgive convictions through pardons). Trump already has shown his cards: Even taking into consideration the commutations granted last Wednesday to five worthy petitioners, his use of the pardon power has mostly favored friends and Fox News celebrities

While interviewers continually (and appropriately) pepper Trump with questions about whether he will relinquish power if he loses, it is rare that anyone asks him who he might pardon after the election, despite the long and positively bizarre track record he has established.

After Mr. Trump’s impeachment for inciting his supporters before the deadly riot at the Capitol, and with Republican leaders turning on him, the pardon power remains one of the last and most likely outlets for quick unilateral action by an increasingly isolated, erratic president.

He has also discussed issuing pre-emptive pardons to his children, his son-in-law and senior adviser, Jared Kushner, and Mr. Giuliani.

He has paid Mr. Tolman at least $10,000 since late last year to lobby the White House and Congress for a pardon for his son Jeremy Hutchinson, a former Arkansas state lawmaker who pleaded guilty in 2019 to accepting bribes and tax fraud, according to a lobbying disclosure filed this month.

That system favors pardon seekers who have connections to Mr. Trump or his team, or who pay someone who does, said pardon lawyers who have worked for years through the Justice Department system.

“This kind of off-books influence peddling, special-privilege system denies consideration to the hundreds of ordinary people who have obediently lined up as required by Justice Department rules, and is a basic violation of the longstanding effort to make this process at least look fair,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 until 1997 as the United States pardon attorney.

“The criminal justice system is badly broken, badly flawed,” said the former senator, Tim Hutchinson, a Republican who served in Congress from 1993 to 2003.

. Any explicit offers of payment to the president in return could be investigated as possible violations of bribery laws; no evidence has emerged that Mr. Trump was offered money in exchange for a pardon.

A filing this month revealed that Mr. Tolman was paid $22,500 by an Arizona man named Brian Anderson who had retained him in September to seek clemency for Ross Ulbricht, the Silk Road founder. Mr. Ulbricht was sentenced to life in prison in 2015 for engaging in a continuing criminal enterprise and distributing narcotics on the internet.

The former Trump campaign adviser, Karen Giorno, also had access to people around the president, having run Mr. Trump’s campaign in Florida during the 2016 primary and remaining on board as a senior political adviser during the general election.

Though the name was never publicly disclosed, Mr. Kiriakou was sentenced to 30 months in prison. In the meeting, at the Washington office of his lawyer, Mr. Kiriakou said he had been wronged by the government and was seeking a pardon so he could carry a handgun and receive his pension.

In July 2018, Ms. Giorno signed an agreement with Mr. Kiriakou, a copy of which was obtained by The New York Times, “to seek a full pardon from President Donald Trump of his conviction” for $50,000 and promised another $50,000 as a bonus if she secured a pardon.

Biden needs a way to begin bringing the country together. The past two administrations -- in different ways and for different reasons -- have left a door open for him to do so.

the First Step Act would release more than 3,100 federal prison inmates and said its retroactive sentencing reform had led to nearly 1,700 sentence reductions. The Sentencing Project said last year that Black Americans made up 91 percent of everyone receiving reductions.

Trump reinstituted the federal death penalty. Seven people have been executed this year under the policy — five were white, one was Native American and the other was Black. And there are 55 federal death-row prisoners. Twenty-five are African Americans, 22 are white, seven are Latino and one is Asian.

Under the Trump administration, the Black unemployment rate steadily improved, dropping to 5.4 percent at its bottom in August 2019, compared to 7.5 percent when Trump took office in January 2017. But that achievement is attributable to economic growth that was already revving when Trump took office, economists say.

Black workers did not see employment levels ever go “above the trend.”

The bill is a 10-year renewal of funding. During Obama’s eight years in office, mandatory HBCU funding ranged from almost $80 million to $85 million per year. The same has been true during Trump’s administration.

Even with record-low unemployment rates in 2019, Black Americans still had fewer jobs than their white counterparts — even for those with college or advanced degrees — according to research by EPI.

In April, when unemployment peaked at 14.7 percent — the highest level seen since the Great Depression — the unemployment rate for Black workers was even higher, at 16.7 percent. By September, the share of unemployed Black workers still struggling to find a job only dropped to 12.1 percent.

Many banks limited their initial application pool for the small business rescue Paycheck Protection Program to previous customers, a staff report by the House coronavirus subcommittee found. Democrats and non-profits argue that shut out many minority-owned businesses that lacked business banking relationships from the program, which offered forgivable loans to companies that kept their workers on the payroll.

when the labor market is tight, like it was in first three years of the Trump administration, discrimination tends to decline.

The amount of funding for HBCUs is “the same thing that we had under President Obama.”

creating “more than 8,000 opportunities zones, bringing jobs and opportunities to our inner-city families.”

Opportunity zones “are tax incentives to encourage those with capital gains to invest in low-income and undercapitalized communities,” according to the Tax Policy Center.

A feature of the president’s $1.5 trillion tax cuts, the program was intended to benefit Black, Hispanic and low-income communities. But there’s very little data about what’s actually happening in opportunity zones. There isn’t a full accounting of the number of opportunity zone projects, let alone basic information such as what those projects are, why they’re being pursued and who is benefiting from them.

the vast majority of opportunity zone capital appears to be going into real estate rather than operating businesses, meaning that the opportunity zones aren’t creating sustainable, long-term jobs.

he scrapped an Obama rule requiring localities to track patterns of segregation or lose federal funding.

The U.S. Department of Housing and Urban Development replaced the 2015 Affirmatively Furthering Fair Housing Act with a much weaker rule in July, using a waiver to exempt the new regulation from public-comment requirements. Public comments allow people to weigh in on proposed rules before they’re finalized. But by bypassing that critical step, the agency essentially expedited a months-long process without any public input.

baseless fear of crime and decreased property value as attempted triggers to get at white anxiety about living with people of color — and African Americans in particular — and the idea of integration itself,”

new rule in September overhauling the Obama administration’s 2013 “disparate impact” rule. The new rule would have required plaintiffs to meet a higher threshold to prove unintentional discrimination — known as disparate impact — and given defendants more leeway to rebut the claims.

A federal court intervened this month -- the day before the rule was set to take effect last week -- issuing a preliminary nationwide injunction to bar HUD from implementing the new regulation until the merits of a lawsuit brought by civil rights advocates have been decided.

The panel estimated that its change in sentencing guidelines eventually could result in 46,000 of the nation’s approximately 100,000 drug offenders in federal prison qualifying for early release. The 6,000 figure, which has not been reported previously, is the first tranche in that process.

an additional 8,550 inmates would be eligible for release between this Nov. 1 and Nov. 1, 2016.

The releases are part of a shift in the nation’s approach to criminal justice and drug sentencing that has been driven by a bipartisan consensus that mass incarceration has failed and should be reversed.

Along with the commission’s action, the Justice Department has instructed its prosecutors not to charge low-level, nonviolent drug offenders who have no connection to gangs or large-scale drug organizations with offenses that carry severe mandatory sentences.

The U.S. Sentencing Commission voted unanimously for the reduction last year after holding two public hearings in which members heard testimony from then-Attorney General Eric H. Holder Jr., federal judges, federal public defenders, state and local law enforcement officials, and sentencing advocates. The panel also received more than 80,000 public comment letters, with the overwhelming majority favoring the change.

The policy change is referred to as “Drugs Minus Two.” Federal sentencing guidelines rely on a numeric system based on different factors, including the defendant’s criminal history, the type of crime, whether a gun was involved and whether the defendant was a leader in a drug group.

An average of about two years is being shaved off eligible prisoners’ sentences under the change. Although some of the inmates who will be released have served decades, on average they will have served 8  1/2 years instead of 10  1/2 , according to a Justice Department official.

“Even with the Sentencing Commission’s reductions, drug offenders will have served substantial prison sentences,” Deputy Attorney General Sally Yates said. “Moreover, these reductions are not automatic. Under the commission’s directive, federal judges are required to carefully consider public safety in deciding whether to reduce an inmate’s sentence.”

Once marijuana is legal, should people really be serving long terms for use or minor dealing? As a legal matter, legalization makes no difference. But the pardon power can provide a measure of justice and rectification.

Yet clearly part of what running the pardon process through the DOJ is for is to insulate the President from that power

These are in a sense norms. The President doesn’t just wake up one day and decide to pardon someone or hear from a friend who puts in a good word for someone in jail. It’s too arbitrary, too ripe for abuse, even though the constitution is 100% clear that the President does have the power to do this.

What clearly isn’t okay is what we’re seeing today

the real pattern is giving political allies an out from the execution of the law, political allies and people who have an iconic significance for Trump’s most loyal supporters.

This isn’t just bad governance. It’s the essence of factional rule. The faction leader – the political warlord – gets control of the state and uses it in the interest of his supporters, protecting them from the law and giving them the state’s largesse

Joe Arpaio, Scooter Libby, Dinesh D’Souza – the pattern is pretty clear

This is why you have norms. They keep you within the rails in the face of obvious temptations and questions about propriety

Her death, by lethal injection, is the 11th execution since the Trump administration resumed use of federal capital punishment in July after a 17-year hiatus.

Under a pseudonym, Ms. Montgomery — who had falsely told others that she was pregnant — expressed interest in buying a dog from Bobbie Jo Stinnett, a rat terrier breeder in Skidmore, Mo. But after she arrived at Ms. Stinnett’s house, Ms. Montgomery strangled her, used a knife to cut her abdomen and extracted the fetus, then claimed the child as her own.

and turned 16 last month on the anniversary of her mother’s death. At least some of those close to Ms. Stinnett or the case said Ms. Montgomery’s execution was a just conclusion to a crime that had haunted the northwest Missouri community for years.

Mr. Chaney rejected the idea that the abuse suffered by Ms. Montgomery should have led to her life being spared, saying many people endured trauma without committing heinous crimes.

“I think, you know, it’s not right always to say an eye for an eye, but I think the community’s hurt enough that it would definitely help with some closure.”

Still, Ms. Montgomery’s lawyers cited the repeated physical and sexual abuse she endured as a child in pleas for leniency, arguing that President Trump would affirm the experiences of abuse survivors by commuting her sentence to life imprisonment.

According to a quarterly report from the NAACP Legal Defense and Educational Fund, just 2 percent of those inmates on death row are women. With Ms. Montgomery’s execution, there are now no women on federal death row.

Her lawyers had claimed that she was incompetent for execution, citing mental illness, neurological impairment and complex trauma

But the Supreme Court cleared the way for the execution to proceed, as it has done with the previous 10 inmates executed by the Trump administration. On Tuesday, the court overturned both stays, the remaining barriers to her execution, and rejected each of Ms. Montgomery’s requests for reprieve.

“Because this administration was so afraid that the next one might choose life over death, they put the lives and health of U.S. citizens in grave danger,” she said, in part. “We should recognize Lisa Montgomery’s execution for what it was: the vicious, unlawful and unnecessary exercise of authoritarian power. We cannot let this happen again.”

If the prisoners do not succeed in their pleas for delays or clemency, their deaths could be the last federal executions for some time. President-elect Joseph R. Biden Jr., whose inauguration is set for Jan. 20, has signaled his opposition to the federal death penalty.

As the president and his aides deliberate over pardons, Mr. Trump has also been increasingly focused on another legal matter in his final days in office: his defense team for his Senate impeachment trial.

Mr. Broidy was charged in federal court in Washington, D.C., in October and accused of failing to report work for which he was paid at least $6 million by the man accused of masterminding the alleged fraud, Jho Low, to try to influence the Justice Department investigation into the scandal.

Mr. Trump’s legal authority to pardon himself is dubious; a 1974 legal memorandum said the president can’t pardon himself, but some legal scholars disagree and the matter has never been tested in

The two men met on Sunday, and the former New York mayor isn’t currently expected to be part of the president’s team, another person familiar with the plan said, though the person cautioned: “Never say never.”

Mr. Broidy was charged in federal court in Washington, D.C., in October and accused of failing to report work for which he was paid at least $6 million by the man accused of masterminding the alleged fraud, Jho Low, to try to influence the Justice Department investigation into the scandal.

In 2001, President Bill Clinton pardoned fugitive commodities trader Marc Rich, whose ex-wife was a major donor to the Democratic Party and Mr. Clinton’s presidential library, on his last day in office. President Obama commuted the sentence of Chelsea Manning, convicted on charges related to passing classified documents to WikiLeaks, just days before leaving the White House.

The two men met on Sunday, and the former New York mayor isn’t currently expected to be part of the president’s team, another person familiar with the plan said, though the person cautioned: “Never say never.”

Trump has also set a dangerous precedent for future Presidents to dispute the election results on spurious claims

President Trump has turned a blind eye to the millions of families that are suffering as a result of the pandemic. Despite 18 million cases, more than 330,000 deaths, and millions facing economic hardship, there has been little direction from Washington about what states need to be doing right now to curb the spread of this horrible virus.

Although 1 million Americans have already gotten the Covid-19 vaccine, that falls far short of the administration's goal of inoculating 20 million Americans by the end of December

President Trump's 11th hour decision to blow up the stimulus negotiations has also jeopardized much needed financial relief for millions of Americans. Rather than showing a genuine effort to pressure Senate Republicans to agree to legislation House Democrats passed in May, which would have provided $1,200 checks for individuals and up to $6,000 per household, Trump decided to intervene only after Congress finally agreed on individual payments of $600 -- saying he wanted $2,000 checks instead.

President Trump has also used his remaining time in office to dole out presidential pardons that exemplify the absolute worst use of this constitutional power.

Russia-gate alumni Roger Stone, who was convicted of seven felonies including obstruction, threatening a witness and lying under oath; Paul Manafort, who was convicted of eight counts of financial crimes; Alex van der Zwaan, who pleaded guilty to lying to investigators; George Papadopoulos, who pleaded guilty to lying to the FBI; and Michael Flynn, who twice pleaded guilty to lying to the FBI, were all pardoned, likely as a reward for their loyalty.

Trump also offered presidential relief to corrupt Republican Congressmen Duncan Hunter, who pleaded guilty to a charge of conspiracy to misuse campaign funds, Steve Stockman, who was convicted of a number of felonies including fraud and money laundering, and Chris Collins, who was serving time on charges of conspiracy to commit securities fraud and making a false statement -- along with Charles Kushner, the father of son-in-law Jared Kushner, who was sentenced to two years in federal prison for retaliating against a federal witness, evading taxes and lying to the Federal Election Commission.

Four Blackwater guards were also pardoned after a lengthy trial found them guilty of killing 14 Iraqis in 2007.

Given all that has happened during this transition, some commentators wonder whether Congress should reduce the time between election and inauguration even more

This transition has given us more than enough reason to revisit our election laws, provide more clarity about the Electoral College certification process, and rein in the executive power that a lame duck President can wield.

Organizers were preparing for an expected crowd of 5,000 on Tuesday and more than 30,000 throughout the week, according to permits issued by the National Park Service.

Some of the speakers during the rally at the Freedom Plaza delivered aggressive speeches claiming the groups were “at war,” targeting Republicans in Congress who have refused to protest the results of the election.

“I hope the Democrats, and even more importantly, the weak and ineffective RINO section of the Republican Party, are looking at the thousands of people pouring into D.C. They won’t stand for a landslide election victory to be stolen,” Mr. Trump said, using the acronym for “Republican in Name Only.”

Yet despite Mr. Biden’s clear win, many of Mr. Trump’s allies were slated to speak at the protests this week and continue to promote the president’s false claims, including Roger J. Stone Jr. and George Papadopoulos, former Trump campaign advisers who recently received pardons.

In December, violent clashes in Washington between supporters of Mr. Trump and counterprotesters left four people with stab wounds. Preparing for similar brawls, the National Guard said on Monday it would dispatch about 340 troops to the rallies, responding to Ms. Bowser’s request for additional security.

Protesters have trickled to the Capitol since Monday, many without masks and crowded close together as they carried Trump flags and “Stop the Steal” banners.

he challenged the established science of climate change, declaring, “It will start getting cooler.” He added: “Just watch. I don’t think science knows, actually.

whose 40-month prison sentence for lying to Congress was commuted by the president in July,

“there are hit squads being trained all over this country” to mount armed opposition to a second term for Mr. Trump. “You understand that they’re going to have to kill me, and unfortunately, I think that’s where this is going,”

stating that the president had personally put him in charge of a $250 million public service advertising campaign intended to help the United States return to normal.

Department officials have complained that congressional Democrats are obstructing the effort.

ritics say Dr. Redfield has left the Atlanta-based agency open to so much political interference that career scientists are the verge of resigning.

who was heavily involved in the effort to reshape the C.D.C.’s Morbidity and Mortality Weekly Reports.

Mr. Caputo was a minor figure in that inquiry, but he was of interest partly because he had once lived in Russia, had worked for Russian politicians and was contacted in 2016 by a Russian who claimed to have damaging information about Hillary Clinton.

Mr. Caputo worked on Mr. Trump’s 2016 presidential campaign

He claimed baselessly that the killing of a Trump supporter in Portland, Ore., in August by an avowed supporter of the left-wing collective was merely a practice run for more violence.

“You ask what a high crime and misdemeanor is under our Constitution,” Mr. Raskin told the senators at the conclusion of the video. “That’s a high crime and misdemeanor. If that’s not an impeachable offense, then there’s no such thing.”

Already, Senator Mike Lee, Republican of Utah, has faced criticism for suggesting that Mr. Trump be given a pass for the events of Jan. 6.“Look, everyone makes mistakes, everyone is entitled to a mulligan once in a while,” Mr. Lee said on Fox News after the House managers’ arguments, using a golf term for a do-over.Senator

“I have no idea what he’s doing,” Alan M. Dershowitz, who served on Mr. Trump’s defense team during his first impeachment trial last year, said on the conservative television station Newsmax. “Maybe he’ll bring it home, but right now, it does not appear to me to be effective advocacy.”

Republicans in the Trump years have gotten used to competing under rules biased in their favor. They have come to fear that unless the rules favor them, they will lose. And so they have learned to think of biased rules as necessary, proper, and just—and to view any effort to correct those rules as a direct attack on their survival.

What I wrote in 2017 has only become more true since: “We are living through the most dangerous challenge to the free government of the United States that anyone alive has encountered.”

“No one could do anything to stop him.” No one has stopped Trump from directing taxpayer dollars to his personal businesses.

Trump’s clemency to Stone reminded others who might hold guilty knowledge—people like Paul Manafort and Ghislaine Maxwell—of the potential benefits to them of staying silent about Trump.

How did Trump get away with using a public power for personal advantage in this way? There’s nothing to stop him. The Constitution vests the pardon power in the president.

a second-term Trump could demand that associates break the law for him—and then protect them when they are caught and face punishment. He could pardon his relatives—and even try to pardon himself.

Abuse of Government Resources for Personal Gain

Mr. Trump’s aides said he enjoyed the frustration and anger he caused by holding a political event on the South Lawn of the White House, shattering conventional norms and raising questions about ethics law violations. He relished the fact that no one could do anything to stop him,

No one has stopped him from defying congressional subpoenas looking into whether he was violating tax and banking laws. No one has stopped him from hiring and promoting his relatives.

Trump has a lot to hide, both as president and as a businessman. The price of his political and economic survival has been the destruction of oversight by Congress and the discrediting of honest reporting by responsible media

No one has stopped him from using government resources for partisan purposes. No one has stopped him from pressuring and cajoling foreign governments to help his reelection campaign.

No one has stopped him from using his power over the Postal Service to discourage voting that he thinks will hurt him.

The Hatch Act forbids most uses of government resources for partisan purposes. By long-standing courtesy, however, enforcement of that law against senior presidential appointees is left to the president. It’s just assumed that the president will want to comply. But what if he does not? The independent federal agency tasked with enforcing the Hatch Act, the Office of Special Counsel, has found nine senior Trump aides in violation of the law, and has recommended that Trump request their resignation. He has ignored that recommendation.

“No one could do anything to stop him.” In his first term, Trump purged the inspectors general from Cabinet departments and punished whistleblowers. In a second Trump term, the administration would operate ever more opaquely to cover up corruption and breaches in national security.

The Justice Department would be debauched ever more radically, becoming Trump’s own law firm and spending taxpayer dollars to defend him against the consequences of his personal wrongdoing. The hyper-politicization of the Justice and Homeland Security Departments would spread to other agencies.

Directing Public Funds to Himself and His CompaniesIn the 230-year history of the United States, no president before Trump had ever tried to direct public dollars to his own companies—so no Congress had ever bothered to specifically outlaw such activity.

Trump’s superpower is his absolute shamelessness. He steals in plain view. He accepts bribes in a hotel located smack in the middle of Pennsylvania Avenue. His supporters do not object. His party in Congress is acquiescent. This level of corruption in American life is unprecedented.

A willingness to line the Trump family’s pockets has become a mark of obeisance and identity, like wearing cowboy boots during the George W.  Bush administration

The result of this almost-universal Republican complicity in Trump’s personal corruption has been the neutering of Congress’s ability to act when corruption is disclosed.

Republicans in the House cheerfully support Trump when he defies subpoenas from Democratic chairs, setting a precedent that probably will someday be used against them.

Abuse of the Pardon PowerOn July 10, 2020, Trump commuted the sentence of his longtime associate Roger Stone. As Stone’s own communications showed, he had acted as an intermediary between the Trump campaign and WikiLeaks in 2016. Had Stone cooperated with federal investigators, the revelations might have been dangerous to Trump. Instead, Stone lied to Congress and threatened other witnesses.Just as Stone was supposed to go to prison, Trump commuted his sentence. Commutation was more useful to the cover-up than an outright pardon. A commuted person retains his Fifth Amendment right not to testify; a pardoned person loses that right.

In a second Trump term, radical gerrymandering and ever more extreme voter suppression by Republican governors would become the party’s only path to survival in a country where a majority of the electorate strongly opposes Trump and his party. The GOP would complete its transformation into an avowedly antidemocratic party.

Inciting Political ViolenceTrump has used violence as a political resource since he first declared his candidacy, in the summer of 2015. But as his reelection prospects have dimmed in 2020, political violence has become central to Trump’s message. He wants more of it

“The more chaos and anarchy and vandalism and violence reigns, the better it is for the very clear choice on who’s best on public safety and law and order,” Trump’s adviser Kellyanne Conway said on Fox & Friends on August 27. Two nights later, a 600-vehicle caravan of Trump supporters headed into downtown Portland, Oregon, firing paintball guns and pepper spray, driving toward a confrontation during which one of them was shot dead.

The people best positioned to regulate the level of political violence in the country are local police, whom Trump has again and again urged to do their work in ways that support him, no matter how “tough” that requires them to be. The police are represented by unions often aligned with the Trump campaign

“I can tell you,” Trump said in a March 2019 interview with Breitbart News, “I have the support of the police, the support of the military, the support of the Bikers for Trump—I have the tough people, but they don’t play it tough—until they go to a certain point, and then it would be very bad, very bad.”

Trump’s appeal is founded on a racial consciousness and a racial resentment that have stimulated white racist terrorism in the United States and the world, from the New Zealand mosque slaughter (whose perpetrator invoked Trump) to the Pittsburgh synagogue murders to mass shootings in El Paso, Texas, and Gilroy, California. In recent weeks, political violence has caused those deaths in Kenosha and Portland

It’s a trick of authoritarian populists like Trump to proclaim themselves leaders of “the people,” even as large majorities of the electorate reject them. The authoritarian populist defines “the people” to exclude anyone who thinks differently. Only his followers count as legitimate citizens.

Legend has it that in the 1870s, “Boss” William Tweed, the famously corrupt New York City politician, taunted his critics by saying, “What are you going to do about it?”* Trump’s relentless defiance of law and decency does the same. Congress has done nothing. So it’s up to voters.