The commutation of Roger Stone’s sentence is yet more evidence of corruption in the Trump administration. There have been past attempts to rein in the pardoning power of the president. It’s time to revisit this idea, not only because it is the right thing to do, but also because it is a tool for shining a light on Republican malfeasance, showing how empty the rhetoric of “drain the swamp” really was.
In 2017, Rep. Al Green of Texas proposed the following amendment:
The President shall have no power to grant to himself a reprieve or pardon for an offense against the United States.
In 2019, Rep. Steve Cohen of Tennessee went further, proposing:
The President shall not have the power to grant pardons and reprieves to himself or herself, to the President’s brother, sister, brother-in-law, sister-in-law, spouse, parent, child, or grandchild or to the spouse of the President’s grandchild, to the President’s aunt, uncle, nephew or niece or to the spouse of the President’s nephew or niece, or to the President’s first or second cousin, the spouse of the President’s first or second cousin, the President’s mother-in-law, father-in-law, son-in-law, or daughter-in-law, or to any current or former member of the President’s administration, or to anyone who worked on the President’s presidential campaign as a paid employee.
To this I would add some sort of definition of “close business associates” who a president would not be allowed to pardon. I would also propose adding members of Congress and appointed judges to the list, so that a president could not bribe them with immunity in exchange for political favors. And I would like to include a ban on pardoning previous presidents and members of their administrations.
I would be open to the idea that those people can still be pardoned if a president proposes it and Congress approves with a super-majority (two-thirds?) in a cooperative effort between multiple branches of government that satisfies the principle of checks and balances.
This highlights Republican political corruption as an election issue. Will Republicans dare oppose it in order to protect Trump, his family, and his cronies?
