How Joe Biden and Donald Trump’s Perverse Pardons Undermined the Rule of Law
During his 2020 presidential campaign, Joe Biden said he would “broadly use his clemency power” to address “unduly long sentences for certain non-violent and drug crimes.” He ultimately delivered on that promise in a big way, commuting 4,165 sentences by the end of his term. That total far exceeded the previous record set by Barack Obama, who granted 1,715 commutations.
During his 2024 presidential run, Donald Trump said he would free Silk Road founder Ross Ulbricht, who had received a life sentence for creating a website that connected drug buyers with drug sellers. “He’s already served 11 years,” Trump said. “We’re going to get him home.” Like Biden, Trump kept his promise, granting Ulbricht a “full and unconditional pardon” on his second day back in the White House.
Anyone who questions long prison sentences for nonviolent drug offenders should recognize these actions as appropriate uses of presidential clemency, aimed at mitigating injustices caused by draconian criminal laws. But Biden and Trump also showed that presidents can abuse clemency in service of their personal interests.
Biden did that on his way out the door, when he granted preemptive pardons to his relatives and allies. Trump did it hours later, when he approved blanket clemency for nearly 1,600 of his most enthusiastic supporters, all of whom had been charged with crimes related to the January 6, 2021, riot at the U.S. Capitol.
Biden’s parting pardons followed a pattern that began on December 1, when he intervened in the criminal cases against his son, Hunter Biden, after repeatedly promising to respect the legal process. The president argued that his son’s prosecution for gun and tax offenses was politically motivated. That claim was puzzling because David Weiss, the special counsel who brought both cases, had been appointed by Biden’s own attorney general.
Biden’s hypocrisy was compounded by his administration’s vigorous defense of the constitutionally dubious gun law his son had violated, which makes it a felony for illegal drug users to receive or possess firearms. Worse, Biden had signed a bill that increased the potential penalties
Article from Reason.com
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