Gaps in Trump's Pardons: How the Biden Administration Can Still Pursue Justice

[Judi Lynn]

by Andrew Weissmann
January 20, 2021

Former President Donald Trump issued numerous pardons and commutations to friends, family and associates, as well as felons who engaged in heinous crimes involving war crimes, murder, political corruption, and civil rights violations. He seemed to revel in absolving corrupt politicians, corrupt law enforcement officers, and of course, anyone prosecuted by Robert Mueller’s Special Counsel Office. The latter served not just to reward those who refused to cooperate with this Special Counsel, but also undermined future Special Counsel investigations by setting a dangerous precedent for future efforts to conduct such independent investigations, and to hold a corrupt president to the rule of law.

In issuing his pardons, Trump, true to form, followed no process. He did not seek to identify those most worthy of the use of the clemency process. Instead, his abuse of this constitutional power has led many to deplore the expansive executive authority, although it can be a means of meting out justice when wielded impartially and even-handedly to the most deserving after due consideration of the interests of numerous parties.

But there is good news. If the Biden administration’s Department of Justice wants to rectify some of Trump’s abuse of the pardon power, there are now options at its disposal.

Some of the pardons Trump issued were exceedingly broad, such as that given his National Security Advisor Michael Flynn, who admitted in federal court when he pleaded guilty that he had lied to the government about his conversations with the Russian Ambassador to the United States, but then later claimed he had lied — this time to the court — when he swore that he was guilty. Flynn’s pardon (on Nov. 25, 2020) covers most any crime one can imagine, clearly seeking to leave no room for now holding Flynn to account for his past felonious conduct.[1]

More:
https://www.justsecurity.org/74241/the-gaps-in-trumps-pardons-how-the-biden-administration-can-still-pursue-justice/

[LakeVermilion]

1. Is there anything Trump can't mess up?

Everything he touches falls apart. In his effort to use pardons to enrich himself and others, he has given the government a great opportunity to close many cases.

Example: The fraud that Bannon was a part of: misuse of funds connected for the border wall. Well, Bannon was pardoned, but the other people who were involved are still headed to trial. Now Bannon can become a government witness against them. He cannot lie, because it will void his pardon. So, he will be putting his cohorts in jail; justice served!

[dem4decades]

2. Hire Weissmann as a Special Prosecutor and let him go to town.

[FBaggins]

3. This editorial would obviously preclude him from serving