Hunkered Down in Bremerton

Howard's Blog December 5, 2020

Presidential Pardons and 2024

There is lots of kerffule still going on regarding Trump's potentially granting pardons for Giuliani, his adult children and also himself. A presidential pardon is for offenses against the United States. Clearly the pardon for Michael Flynn was within the bounds of presidential authority. Flynn pleaded guilty to and was convicted of criminal activity. Pardons are for convicted criminals.

What about possible crimes that may have been committed but for which there has been neither an indictment nor a conviction. Can these be pardoned. Sure they can. Acceptance of a pardon, however, is essentially an admission of guilt. Why would anyone accept a pardon unless they had committed a crime for which they don't believe that they can offer sufficient defense to receive an acquital? Are you listening Ivanka and Giuliana? Furthermore, there is nothing preventing future United States Attorneys from pressing such cases to convict the guilty to be sure that the pardon was worthwhile.

Can Trump pardon himself? Who knows? I kind of doubt it but it would certainly have to be decided upon by the US Supreme Court and then only after a conviction is obtained. Trump pardoning himself does not relieve US Attorneys from the duty of pressing such cases. A pardon does not expunge the record... a pardoned felon is still a felon.

According to the Restoration of Rights Project "State law governs loss and restoration of the right to vote in federal or state elections, as well as eligibility for state jury service and state public office, for people with state or federal convictions." States also have the right to determine a potential candidate's eligibility of appear on a state ballot through ballot aceess laws. All states have these laws.

I believe that it is within in the rights of the individual states to prevent the names of convicted felons from being eligible to appear on their state's ballots. It is probably within the states rights to prevent the names of recipients of presidential pardons from being eligible to appear on their state's ballots.

As a resident of State of Washington, I hope my state's legislature and governor will take the lead and enact such legislation.

If you want kerfuffle on the right.. Imagine if Trump (or Don Jr. or Ivanka) can't run in the Washington (or California, or New York) Republican Primary in 2024 nor in the general election.

Howard B. Julien

Contact Via Email
Updated December 5, 2020