The Mueller report has revived has revived a 232-year-old question: What if the president abuses his pardon power to obstruct justice?
George Washington is depicted in the 1856 painting"George Washington Addressing the Constitutional Convention" by Junius Brutus Stearns. By Erick Trickey April 21 at 7:00 AM Just before they left Philadelphia, the Constitution’s framers tackled a question that special counsel Robert S.
The president's power to pardon was a key part of the debate over the U.S. Constitution. When the Founding Fathers debated the Constitution, they contemplated the very concern Mueller examined: whether a president might abuse his pardon power to obstruct justice or protect himself from investigation. The Founders had a ready answer to that scenario: a president who uses his pardon power corruptly can be impeached.
So Randolph proposed an amendment to the president’s authority to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachments.” He moved to add, “except cases of treason.” Randolph feared a criminal president might pardon his co-conspirators. “The prerogative of pardon in these cases was too great a trust,” he argued.
After the convention, Mason took his concerns public and became an Anti-Federalist, an opponent of ratification. His Anti-Federalist paper, Objections to the Proposed Federal Constitution, written in October 1787, included his concerns about the pardon power. “In seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth,” Hamilton wrote. Waiting for Congress to convene and act “could let slip the golden opportunity.”
“The president ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself,” Mason warned. “If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection? The case of treason ought, at least, to be excepted.”
Malaysia Latest News, Malaysia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Perspective | Why President Trump’s hard-line approach to Cuba is a mistakePerspective: Why President Trump’s hard-line approach to Cuba is a mistake
Read more »
Why Apple was so upset with Qualcomm — and why it finally had to give inApple buys modem chips from companies like Qualcomm to enable the iPhone to connect to cellular networks.
Read more »
Why Mueller Didn't Charge Trump With ObstructionIn Robert Mueller's report on Russian interference in the 2016 election, the special counsel looked at several actions by the president but avoided judgement on whether President Trump obstructed justice. WSJ's Gerald F. Seib explains. Photo Illustration: Adele Morgan
Read more »
Why Cooking Is Like YogaChef and author Daniela Soto-Innes dishes on finding equanimity in the kitchen, her go-to tools and techniques, and why mezcal is the best drink of all.
Read more »
France's yellow vests: Who they are, what they want, and whyPARIS (AP) — France's yellow vest protesters are still a force to be reckoned with as they hold their 23rd straight weekend of demonstrations since the movement started in November. Here's a look...
Read more »
Why Tax Refunds Aren't Really A Good Thing: How To Plan BetterDid you get a refund this year? It would probably be better financial planning if you didn't.
Read more »
Extreme opinions about Tesla are completely wrong — here's whyA rational middle ground is hard to hold. But Tesla moderates can take solace in the probability that the extremists are wrong.
Read more »
The science behind why women survive longer than menWhat does biology tell us about gender and longevity?
Read more »