Wednesday, February 19, 2020

pardon me

 The headlines in the news concerns the pardons/commutations issued by President Trump. That's not surprising considering whatever President trump does is going to be scrutinized, vilified, crucified and generally condemned. That's just the world we are currently in. I am always called a Trumpster, Trumpterd, or any other number of derogatory names and that's the world we currently live in as well. It's the polarized world of politics. At its' base is the struggle for dependence, not independence. The major opposition being the possibility that " free " stuff might be curtailed or just not forthcoming at all. Also the world we now live in.
 Now I'm not supporting Trump in these pardons. Well the fact is pardons aren't mine to grant anyway. That is his decision to make. I'm not aware of everyone that is pardoned and the reasoning behind those pardons. President Obama pardoned a total of one thousand nine hundred and twenty seven people, three hundred in a single day! That day, a record setting day for pardons issued, was also his last day in office. Why did he choose that day? I don't know, a parting gift? Well whatever the reason the choice was his to make, like it or not. I don't recall the news saying much about any of that. I don't recall the news mentioning any pardons he issued at all. Guess I wasn't paying attention. Well, whatever, as I said it is the choice of the President after all. They call that executive privilege.
 What we need to know and understand however is the difference between clemency and a pardon. Being granted clemency does not absolve the person of the crime. Their record remains. A pardon on the other hand is a complete absolution of the offense. The records are expunged and all civil rights restored to the individual. The news reports on Blagojevich, Milken and Kerick. Were they pardoned or granted clemency? Chances are you don't know that answer. Chances are you heard they were pardoned. They were not, they received clemency. That's the real news. All presidents grant pardons. Pardons can be granted for a variety of crimes, all of them federal crimes. President Obama issued more pardons to federal criminals than any other president in the last 64 years. Didn't hear much about that. FDR granted a total of 2819 pardons, Truman 1913, Carter 534, Kennedy 472,  Clinton 396, Reagan 393, George w Bush 189, George HW Bush 74. So far Trump has granted 10 pardons.
 I mention all of this for clarity. The news is often quick to report and sensationalize every decision Trump makes. The news often fail to explain anything at all. Now do any of those granted clemency by Trump deserve it? I don't know, I'm not privy to all the information. You do realize it is an application process. The President can only issue pardons for federal crimes. Yes, he is the only one that can do that. There is a process to follow. That process begins with having served a minimum of five years of the sentence. At that point you can begin the application process. There are many more steps and requirements to be satisfied. It isn't that the President decides hey I think I'll just pardon this guy or that. That's not how it works. All I'm saying is before you start judging you should or should not receiver a presidential pardon or clemency you should have the facts. Armchair quarterbacks abound as do armchair lawyers. Getting a pardon or receiving clemency is a legal process. Is politics involved in all of that? Sure is, it sure is. And every single president that has used that executive power has done so for political reasons at some level. 

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