Evaluating the Presidential Pardon

Ryan Heshmati

January 24, 2025

On MLK day, President Trump was sworn in as the 47th president of the United States. Interestingly, Melania Trump wore an outfit perhaps better fit for a funeral than an inauguration, which actually took place indoors on account of the cold. More importantly, Trump has wasted no time enacting his agenda, which has involved a long list of executive actions. One of his major campaign promises, the pardoning of those implicated in the January 6th Insurrection on the Capitol, has certainly caused a stir. The presidential pardon often evokes controversy, but the actions of outgoing President Biden and current President Trump in the last week have perhaps hit another level.

Biden, in his final moments as president, pardoned family members to protect them in the event the incoming Trump administration decides to exact vengeance on the Bidens for what Trump views as malicious prosecution over the last several years. While it is understandable that Biden wanted to protect his family, the move hurts Democrats’ credibility in attacking President Trump for his exercise of pardoning power. 

Past presidents have pardoned a wide array of Americans, from the fighters for the Confederacy to Jimmy Hoffa of the Teamsters union. Notably, Jimmy Carter made the controversial decision to pardon Vietnam War draft dodgers, which infuriated many, including the families of those who died fighting for the United States in Vietnam.

Why do presidents have the power to pardon? This power serves as a check on the judiciary, a branch whose power, many critics might argue, appears ever-growing, especially in the wake of the abolition of the Chevron doctrine. However, in that role, it also empowers the president to make decisions that are not in the interests of justice nor in the interests of the American constituency.

While some right-wingers may believe the prosecution of participants in the January 6th Insurrection was political, the storming of the United States Capitol, disruption of Federal proceedings, and threatening of public officials is wrong and will forever be a stain on American history. Now, with those responsible pardoned, there will never really be accountability for that unfortunate day in our history. Undoubtedly, the presidential pardon is incredibly powerful, and understandably, its exercise is the subject of much attention. Trump has already made significant use of it; all eyes will be on the president over the next four years to see how else he applies the important presidential power.