Denish: Presidential Pardons Through History Have Been Messy

By DIANE DENISH
Corner to Corner
© 2024 New Mexico News Services

Note to mainstream media, Republicans, Democrats, Independents, and sanctimonious opinion writers, TV pundits and elected officials: SPARE ME THE OUTRAGE ABOUT THE HUNTER BIDEN PARDON. Think about how you would protect your child from continued threatened prosecution or, put another way, how would you give your child a second chance for taking accountability and reversing course in a life that had unraveled?

It’s fair to be disappointed that President Biden changed his mind and decided to do something he said he wouldn’t do. It’s also fair to say that President Biden wrestled with this decision, as explained in his statement, after the election and the threats from his law enforcement appointees to conduct a revenge tour. And that wrestling resulted in a decision to pardon Hunter.

It’s possible the disappointment is a result of Biden’s history of truthfulness. He is someone who has been honest about COVID-19, the economy, inflation, foreign affairs, Afghanistan, and the threats to democracy. So, when he changes his mind about issuing a pardon to his son because of the selective nature of the prosecution as he saw it, MSM, pundits, party insiders, blowhards and hypocrites get unreasonably agitated. Those “things” include lying on a gun form (but never using the gun) not paying taxes that he eventually paid as part of his legal negotiations and, more broadly, consulting with foreign companies who hired him for his last name.

On the latter, let’s be clear: Every day, all day long in D.C. and especially now, lobbyists are signing up with entities, domestic and foreign, using big names and their connections to Trump or Kushner or insiders to get contracts.

For those who are interested the presidential power of pardon is referenced in Article II, Section 2 of the Constitution, page 11 of the pocket version. It reads, “and he shall have Power to grant Reprieves and Pardons for offenses against the United States, except in cases of Impeachment.” That’s it.

The previous president and now president-elect used this power liberally as he pardoned friends and family. There were 144 pardons in his first term including Charles Kushner, the father of his son-in-law, Jared.

Examples of his pardons: an Oklahoma moonshiner convicted in 1952, Suffragist Susan B. Anthony for voting illegally in 1893, and Cory Urlacher for participating in an illegal gambling ring. Cory is the younger brother of Chicago Bears linebacker Brian Urlacher who donated liberally to Trump. Both attended Lovington High School.

In his term he also pardoned seven current or former Republican members of congress, CEOs, and Republican officials from around the country. Other notable pardons went to close associates Roger Stone, who lied to congressional committees, Paul Manafort, who was convicted of fraud, and Steve Bannon, who defrauded donors in a nonprofit scheme.

Since the formation of the Union, pardons have been messy and controversial, starting with George Washington to the present. Andrew Jackson pardoned elite confederates after the civil war. George H. W. Bush pardoned senior administration officials Elliot Abrams, Casper Weinberger, and other CIA officials for their roles in the Iran Contra affair. The first family pardon came under President Clinton, who pardoned his half-brother for a 1985 conviction to distribute cocaine.

And Gerald Ford pardoned Richard M. Nixon in exchange for Nixon’s agreement to resign.

So please spare me.

For every president, there is always criticism of the use of this power, but does it determine a legacy? Historically, no.

In Biden’s case the legacy has yet to be written. My guess is it will be about the creation of a robust economy in a time of great challenge, saving lives during a pandemic, strengthening our relationships with allies, recognizing the threats to democracy, and being a loving dad who gave his son a second chance.

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