Biden as pardoner-in-chief … and more to come

With the addition of 39 more pardons – after specifically pardoning his son – and the community of 1500 individuals who have been serving on house arrest since the Covid Pandemic, President Biden is breaking all records for one-day presidential clemency – and he is not done yet.  In the process, he is abusing the power unlike any President in American history.

The question is, “Why?”

The White House said that these all involve low-level nonviolent criminals.   Using that standard, he could issue tens of thousands of pardons and commutations.

There has long been a belief that the American justice system is neither just nor fair.  There are literally hundreds of thousands of individuals — mostly Black and Hispanic – who are serving hard time for minor crimes.  In fact, the land of the free incarcerates more of its people, per capita, than any nation on earth — including such heinous dictatorships as China, North Korea and Iran.

There are two things possible at the same time.  Biden’s action is an abuse of power by usurping the determination of prosecutors, judges and juries … AND that prosecutors (especially prosecutors), judges and juries have been abusing their powers in terms of prosecuting and sentencing.  It is a problem that afflicts both the criminal and civil justice systems.

Regardless of the problems in the system — and they are monumental – usurping the power of the judiciary by executive action is wrong and dangerous except in the most extreme and meritorious cases.  Pardons should be few and specific.  The injustice of the justice system is not sufficient reason to use executive powers to make a massive correction – if that is what it is.  And such reasoning does nothing to actually reform the broken justice system.

But is that Biden’s motivation – or his only motivation?

Biden could see his action as an enhancement of his rather weak legacy – a humanitarian gesture.  If that is his thinking, I do believe he is not thinking very clearly.  Broad general pardons lack the specific humanitarian justification in each case.   If there is humanitarian justification in each case, the public will not accept it because the public cannot see it.  It smacks of a political move more than a humanitarian action.

We the people cannot determine the merits in each case because Biden did not release the names of those receiving clemency.  Although we are told that they include a nurse who helped spearhead a COVID-19 vaccination effort, an addiction counselor to young people, and a military veteran who assists elderly church members.   Well … that is three out of more than 1500 people, and even then, we do not know who they are from information released by the White House or reported in the news media.

We are told that the crimes include minor drug offenses – and in one case “consensual sodomy” in the military.  (That gives a whole new meaning to the military term “taking up the rear.”  But I digress – and probably should not have in this age of hyper political correctness.)

So, what are the political benefits for Biden and the Democrats?  Not much — and it may be why so many Democrats are critical of Biden’s pardons, so far.

Since the vast majority of those given clemency are minorities, perhaps Biden believes it will improve the Democrats’ support among that group.  That is not likely to happen since most members of the minority communities know that it has been Democrat prosecutors and judges in the big cities that have put the vast majority of Blacks and Hispanics in prison in the first place.  A relatively few acts of mercy hardly compensate for the injustice the system has imposed on so many.

The only practical explanation for so many pardons and commutations is to create enough flak to distract from the very specific and personal pardons – like Hunter’s and others yet to come among the Biden family, friends and political associates.  That is not a great rationale either.  The more egregious personal pardons will stick out no matter how much flak and distraction Biden can produce in his final days in office.

Perhaps the greatest benefit from Biden’s plague of pardons will accrue to President Trump.  It will take the sting out of the large number of pardons he proposes for folks involved in the January 6, 2021, Capitol Hill riot currently imprisoned or under indictment.  Surely, that is not Biden’s motivation, but an unintended consequence.

If it is not to benefit Trump – and it is most likely not going to benefit Biden or Democrats – why do it?  Now easy to answer that question when it does not  make sense.

So, there ‘tis.