The Post

Biden should promise to pardon Trump

- Kenneth Lasson Commentary, The Baltimore Sun

President-elect Joe Biden could largely avoid the quagmire of political turmoil he’s about to inherit by following a thoughtful course of action. Here’s a threestep plan that could pacify the entrenched partisan divides:

Step 1: Announce in advance that, upon taking office, he’d pardon Donald Trump and any of his potentiall­y culpable Cabinet or staff members for misdeeds they may have committed in government service.

As far back as 1866, the Supreme Court ruled that the pardon power extends to every offence known to the law, and may be exercised at any time after its commission. But whether a president can pardon himself remains a contentiou­s question for legal scholars. Many feel such an action would likely ignite a constituti­onal crisis. ‘‘No man is allowed to be a judge in his own cause,’’ wrote James Madison in the Federalist Papers, ‘‘because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.’’

Presidents have exercised their pardon power on behalf of others freely throughout history, however, and many pardons have been blatantly political and consequent­ly controvers­ial. In 1858, for example, James Buchanan pardoned the polygamous Mormons of Utah in exchange for their accepting US authority over the state. Similarly, in 1865, Andrew Johnson pardoned thousands of Confederat­e troops willing to pledge allegiance to the federal government.

In 1977, on his first day in office, Jimmy Carter gave a blanket pardon to over 200,000 young men who’d left the country to avoid serving in Vietnam. In 2001 Bill Clinton, on his last day in office, pardoned two of his major donors (Marc and Denise Rich) and newspaper heiress Patty Hearst.

In 2017, Barack Obama commuted the prison sentence of Chelsea Manning, who’d sent WikiLeaks thousands of classified war documents. Just last year Trump pardoned four men convicted of killing Iraqi civilians in 2007.

Promising to pardon Trump, while controvers­ial, would assure his supporters the outgoing president is not a target and help to calm tensions.

Step 2: Call out the military to quickly and effectivel­y distribute the already widely available Covid vaccine. Biden would significan­tly boost Americans’ morale by genuinely helping them face the pandemic head-on.

Step 3: Stem fears that he’d bankrupt the economy by rolling out some easily understood and doable stimulus packages. The country would likewise be invigorate­d were the president-elect’s proposed economic stimulus plans to succeed; so would a healthy housing market. A number of financial gurus suggest both are realistic possibilit­ies.

All of this underscore­s what’s right with America. Few other nations are as addicted to selfscruti­ny, self-criticism and self-realisatio­n.

Polarised as we may be at the moment about Trump, we’ve weathered similar storms before. After World War II, Harry Truman saw a country ‘‘built on courage, imaginatio­n and an unbeatable determinat­ion to do the job at hand’’. George Washington unabashedl­y praised his countrymen following the revolution: ‘‘Your love of liberty, respect for the laws, habits of industry, and practice of the moral and religious obligation­s, are the strongest claims to national and individual happiness.’’

Today’s common folk understand ‘‘Making America Great Again’’ is mere sloganeeri­ng. To them the country has always been a beacon of getit-done democratic values.

The task before Biden is to keep it that way – to recognise America not only as a place of eternal paradox, but also of perpetual promise. –

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