
<p class="wp-block-paragraph"><em>Part </em>4b <em>of a series of commentaries on the key aspects of the Inauguration of Donald Trump as the 47<sup>th</sup> President of the United States.</em></p>



<p class="wp-block-paragraph">Presidential pardons and commutations are usually what presidents do in the last days of their terms – mostly because they know some of them will be controversial. President Trump broke precedent with a large number of pardons for people he deemed to have been politically prosecuted. They come in two groupings – those prosecuted in conjunction with the January 6, 2021, Capitol Hill riot and those prosecuted in conjunction with anti-abortion activism.</p>



<p class="wp-block-paragraph">Based on public polling, the pardoning of the Capitol Hill rioters – especially those convicted of the most serious violent crimes – has been one of the most unpopular actions taken by Trump since his inauguration. Two-thirds of those polled opposed the pardons and commutations – especially those who violently attacked police officers.</p>



<p class="wp-block-paragraph">As the only action taken by Trump in which he is underwater with the American people, the never-Trump crowd has jumped on the issue like starving tigers at a chicken farm. ; They keep hammering on the riot as an insurrection – even though only a hand full of rioters were charged with crimes even remotely associated with insurrection. ; The vast majority were charged with crimes commonly associated with riots.</p>



<p class="wp-block-paragraph">Whether one approves of Trump’s pardons, they are distinctively different than many of Biden’s. ; Trump pardoned individuals who were either convicted, charged under investigation for specific crimes. ; They were not pre-emptive.</p>



<p class="wp-block-paragraph">As with all presidential pardons, do the recipients need or deserve them? Most Americans – me included – believe that those who rioted should be held accountable. But what does that mean? Were the Capitol Hill rioters treated fairly in terms of pre-trial incarceration .. prosecutorial discretion &#8230; traditional standards of justice?</p>



<p class="wp-block-paragraph">That is where I see justification for at least most of the pardons. The pursuit of the Capitol Hill rioters was the largest FBI investigation in American history &#8230; unusually long pre-trial detention &#8230; unusually severe charges and sentences.</p>



<p class="wp-block-paragraph">That fact is best seen when comparing the law enforcement response to the Capitol Hill riot to the scores of riots that have ravaged communities &#8230; attacked and occupied government buildings &#8230; attacked, injured and killed police. Not only, were the rioters &#8230; the looters &#8230; the arsonists &#8230; the vandals not hunted down, arrested and charged, they went officially unpunished for lack of enforcement and prosecutorial discretion. In one case, Vice President Harris helped to raise funds to pay the bail for the few who were arrested. Rioters on January 6<sup>th</sup> were held in pre-trial detention for long periods. And their sentencing was far more severe than in the case of other rioters.</p>



<p class="wp-block-paragraph">The rationale for the pardons was not based on lack of accountability but on fairness and equal application of the law. In the case of the Capitol Hill rioters, it was also noted that many had already served time in prison for a longer period than comparable people convicted of similar crimes throughout the nation.</p>



<p class="wp-block-paragraph">Unintentional as it was, former Republican National Chairman (and GOP apostate) Michael Steele explained the difference. He drew the distinction by noting that the Capitol Hill riot “was on our turf.” It was on the hallowed ground of the Washington power elite. Far worse death and destruction in vulnerable communities as the result of minimal police enforcement and prosecution. In many cases, the police are order to stand down as neighborhoods and business are engulfed in flame. The folks in the community are not as important as the Washington elite.</p>



<p class="wp-block-paragraph">In view of what appears to be an excessive imposition of justice, the Trump pardons have a reasonable rationale in most cases – whether one agrees with the pardons or not. ; That is the same theory that motivated Biden to issue pardons to so many low-level drug abusers. ;</p>



<p class="wp-block-paragraph">The case against the anti-abortion activists was based on the same rationale. ; The arrests and convictions were inconsistent to similar situations on the left. There was also the question of the unique law under which they were prosecuted.</p>



<p class="wp-block-paragraph">Another distinct difference between Biden and Trump is that Trump made it perfectly clear throughout the campaign that he intended to pardon the Capitol Hill rioters. Voters were fully informed when they went to the polls. Biden, on the other hand, outright lied about the pardon for his son, Hunter, and offered no warning about who he would later pardon.</p>



<p class="wp-block-paragraph"><strong>Summary</strong></p>



<p class="wp-block-paragraph">In terms of the pardons, I tend to disagree with the actions taken by both presidents to some degree. ; I believe presidential pardons should be few. ; They should never be pre-emptive – but only granted to individuals who have been convicted of a specific crime – or at least indicted or under investigation. There should be evidence remorse or injustice.</p>



<p class="wp-block-paragraph">I would not have issued blanket pardons and commutations to all of the Capitol Hill rioters, as Trump did. I would not have commuted the sentences of the death row prisoners, as Biden did. And Biden’s pardoning of his family and political allies was the worst abuse of the pardoning power in American history.</p>



<p class="wp-block-paragraph">It is easy to know when the pardoning power is being abused. ; If it creates public controversy, it is being abused. ; The public will not get enraged when a pardon is granted to a clearly deserving person or group. ; Unfortunately, we will see the pardoning power abused in the future unless we can either change the Constitution or create enforceable guidelines. ; ; ;</p>



<p class="wp-block-paragraph">So, there ‘tis.</p>

Inauguration (Part 4b): Pardons (Trump)
