Authors Jack Goldsmith
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Much to say about yesterday’s pardons and commutations. Before getting to the updated chart, some general reflections.
Trump has upended the traditional criteria for clemency: https://t.co/HkOXJwY4G7. The traditional guiding principle: “a pardon is granted on the basis of the petitioner's demonstrated good conduct for a substantial period of time after conviction and service of sentence.”
Request for pardon presumptively must wait 5 years after conviction or release. Traditional criteria include superlative post-conviction conduct & character; acceptance of responsibility & remorse; and hesitation to pardon serious offenses (violent crime, white collar fraud, etc)
V few of Trump’s clemency decisions meet these criteria. His pardons usually based on insider contacts, & are for v serious crimes that often dont satisfy 5-year rule, usually for people who do not express remorse. They almost always serve Trump’s personal or political interests.
As I told WP: “Other presidents have occasionally issued abusive, self-serving pardons based on insider connections. Almost all of Trump’s pardons fit that pattern. What other presidents did exceptionally, Trump does as a matter of course.”
Trump has upended the traditional criteria for clemency: https://t.co/HkOXJwY4G7. The traditional guiding principle: “a pardon is granted on the basis of the petitioner's demonstrated good conduct for a substantial period of time after conviction and service of sentence.”
Request for pardon presumptively must wait 5 years after conviction or release. Traditional criteria include superlative post-conviction conduct & character; acceptance of responsibility & remorse; and hesitation to pardon serious offenses (violent crime, white collar fraud, etc)
V few of Trump’s clemency decisions meet these criteria. His pardons usually based on insider contacts, & are for v serious crimes that often dont satisfy 5-year rule, usually for people who do not express remorse. They almost always serve Trump’s personal or political interests.
As I told WP: “Other presidents have occasionally issued abusive, self-serving pardons based on insider connections. Almost all of Trump’s pardons fit that pattern. What other presidents did exceptionally, Trump does as a matter of course.”