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u.s. news Diabierna 4 December 2020

Trump expected to flex pardon powers on way out door

(AP) — Advocates and lawyers quent critic of Trump.
anticipate a flurry of clemency
action from President Donald Senate Democratic leader Chuck
Trump in the coming weeks that Schumer decried the notion of the
could test the limits of presiden- president asking staff whether he can
tial pardon power. issue preemptive pardons for himself,
his family members and his attorney,
Trump is said to be considering a slew Rudy Giuliani, with whom Trump
of pardons and commutations before has discussed potential action.
he leaves office, including potentially
members of his family, former aides “There’s a simple answer: No. No,
and even himself. While it is not un- Mr. President, that would be a gross
usual for presidents to sign contro- abuse of the presidential pardon au-
versial pardons on their way out the thority,” Schumer said.
door, Trump has made clear that he
has no qualms about intervening in Presidents enjoy expansive pardon
the cases of friends and allies whom powers when it comes to federal
he believes have been treated unfairly, crimes. That includes granting clem-
including his former national securi- ency to people who have not yet been
ty adviser Michael Flynn. charged, as President Gerald Ford did
in 1974 when he pardoned his prede-
The list of potential candidates is long cessor, Richard Nixon.
and colorful: Trump's former cam- doesn’t have to deal with the ‘deep her sentence in 2018 after her case
paign chairman, Paul Manafort, im- But presidents cannot issue pardons state.’ He doesn’t have to go through was championed by Kardashian West.
prisoned for financial crimes as part for state crimes nor can they side- congressional oversight or judicial re- Trump then featured Johnson's story
of the Russia investigation; George step the law by pardoning people for view.” in a Super Bowl ad and pardoned her
Papadopoulos, who pleaded guilty crimes that have not yet occurred, during this year's Republican Na-
to lying to the FBI, just like Flynn; according to legal experts. It remains In previous administrations, pardons tional Convention.
Joseph Maldonado-Passage, aka “Joe unclear whether a president has the have gone through a formal review
Exotic," who starred in the the Net- power to pardon himself. No one has process at the Justice Department Johnson, who has already successful-
flix series “Tiger King”; and former tried. in which lawyers carefully examine ly lobbied the president to take action
contractors convicted in a Baghdad cases before making recommenda- on the cases of several other people,
firefight that killed more than a doz- A decades-old opinion by the Justice tions to the White House. Trump has said she again met with Trump at the
en civilians, including women and Department’s Office of Legal Coun- largely sidestepped that process — White House several weeks ago to
children. sel suggests presidents cannot pardon instead relying on a more haphazard present additional cases, all for people
Trump, long worried about potential themselves because it would require approach that has favored candidates with “just incredible rehabilitation
legal exposure after he leaves office, them to serve as judges in their own whose cases have resonated with him and incredible prison records."
has expressed worry to confidants in cases, but it also posits that a presi- personally or that have been cham-
recent weeks that he, his family or his dent could declare himself unable to pioned by celebrities like Kim Kar- “Personally, I'm hoping to see people
business might be targeted by Presi- serve, transfer power to his vice presi- dashian West. home before Christmas,” she said.
dent-elect Joe Biden’s Justice Depart- dent and receive a pardon that way. "Families around the country are
ment, although Biden has made clear As the results of last month's elec- praying for a Christmas miracle.”
he won't be part of any such deci- Presidents often make controversial tion have become clear, those seeking
sions. grants of clemency to prominent fig- pardons before Trump leaves office The White House did not respond
ures as they leave office: Bill Clinton have redoubled their efforts to gar- to questions and press secretary Kay-
Nonetheless, Trump has had infor- pardoned wealthy financier Marc ner White House attention, leaning leigh McEnany said she’d “heard
mal conversations with allies about Rich, and Ronald Reagan pardoned on high-profile Washington lawyers, no mention of any pardons in any
how he might be able to protect his New York Yankees owner George re-upping PR efforts and, in the case conversations I’ve had in the White
family, though he has not taken any Steinbrenner. of Papadopoulos, writing a book, ap- House" other than for Flynn.
steps to do so. His adult children pearing on Fox News and speaking to
haven't requested pardons nor do But Trump’s position is notable given news outlets. Trump has so far used his clemency
they feel they need them, according the sheer number of former aides and power less often than any president
to people familiar with the discus- allies who have been imprisoned, in- “I simply want the facts to get out in modern history, according to Jus-
sions who spoke on condition of ano- dicted or are facing legal jeopardy. about exactly what happened in my tice Department data compiled by the
nymity to discuss private matters. situation and for the American public Pew Research Center.
They include Manafort, Manafort to determine its logical conclusion.
Trump has also discussed poten- deputy Rick Gates, the president's Which I hope is a pardon. I do not It shows he has granted clemency 44
tially shielding himself, The New longtime friend and adviser Roger expect it, but I would be honored to times, less than any other president
York Times first reported. In a video Stone, his former chief strategist accept one,” he told The Associated since at least William McKinley.
posted on Facebook on Wednesday, Steve Bannon and his former law- Press.
he made a glancing reference to his yer Michael Cohen. Stone and Flynn “You've got over 13,000 petitions filed
potential vulnerabilities. are among those Trump already has Giuliani, meanwhile, has spoken di- by all these people who followed the
granted clemency. rectly with the president about a par- rules,” submitting applications, hav-
“Now I hear that these same people don. The two men have had prelimi- ing people write letters on their behalf
that failed to get me in Washington In most administrations, 99% of nary conversations about the topic, and waiting years for their cases to be
have sent every piece of information those who receive pardons are people but it is unclear how serious those processed, said Mark Osler, a former
to New York so that they can try to the public never hears of, while the have been. federal prosecutor and professor at
get me there,” he said. remaining 1% receive 99% of the at- the University of St. Thomas. He
tention, said Michigan State Uni- Beyond the bold-face names, how- has participated in several meetings
The speculation prompted a slew of versity law professor Brian Kalt. But ever, are the regular people, behind at the White House during Trump's
preemptive pushback from critics. Trump’s interest in celebrities and bars, who have tried to make the case term as officials brainstormed poten-
high-profile figures has thrown those that they were unfairly sentenced or tial changes to the formal clemency
“Typically if someone is being given percentages off-kilter. deserve a second chance. process.
a pardon it suggests they may have
committed a crime. That’s not some- “You can see the appeal of the pardon "So many people are crying out for “For those people that should be
thing I would want to have associated power to someone like him,” Kalt help,” said Alice Marie Johnson, who free," he said, Trump's friends-and-
with my family,” said Republican said. “It’s the one thing where the had been serving a life sentence with- family approach to pardons is "a deep
Sen. Mitt Romney of Utah, a fre- president says it and it gets done. He out parole until Trump commuted and real tragedy."