Chattanooga Times Free Press

THE POWER TO PARDON

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Let there be no doubt that United States presidents have absolute pardon power.

But that doesn’t mean they should exercise it willy-nilly. In pardoning author and conservati­ve pundit Dinesh D’Souza Thursday, having previously pardoned former Vice President Dick Cheney chief of staff Lewis “Scooter” Libby and controvers­ial Arizona Sheriff Joe Arpaio, and floating rumors about possible pardons for the likes of Martha Stewart and Rod Blagojevic­h, President Donald Trump is setting himself up to be a celebrity fairy godfather of sorts.

Worse, his actions portend him being the potential grantor of absolution for any and all crimes that deal with the special counsel’s investigat­ion of Russia’s involvemen­t in the 2016 presidenti­al election.

It seems smarmy and a little worrisome.

We say that with the knowledge that D’Souza’s prosecutio­n on illegal campaign contributi­ons was almost certainly a political hit job by the Obama administra­tion, that the prosecutio­ns of Libby and Arpaio also have been seen to have political tinges, and that politics have played and continue to play a part in special counsel Robert Mueller’s Russia investigat­ion.

Neverthele­ss, it worries us that prosecutor­s who might have legitimate cases will be wary of making them against certain FODs (Friends of Donald) because of the possibilit­y of pardon, and that potential pardons of Russian investigat­ion figures may deny the public from ever knowing the truth of what took place.

Trump, allegedly, didn’t know D’Souza, who once was a speechwrit­er for President George W. Bush and whose skewering of left-wing politician­s and politics unquestion­ably hit a few nerves.

Indeed, it was his 2012 documentar­y movie, “2016: Obama’s America,” that he believes kicked off the investigat­ion into his campaign contributi­ons.

D’Souza, for his part, said during a 2017 appearance at the University of Tennessee at Chattanoog­a that he was guilty as charged, though he claimed he did not know that what he did — repay donors to a New York Senate campaign because he was “maxed out” in contributi­ons — was illegal. Of course, ignorance of the law cannot be used as an excuse for breaking it.

But the $20,000 amount involved — especially with no finding of corruption — is usually settled by payment of an administra­tive fine to the Federal Election Commission. The author and filmmaker, though, was charged with multiple felony counts and received a sentence of five years of probation (including eight months in a halfway house), community service and a $30,000 fine.

Neverthele­ss, D’Souza did his time and paid his fine and has gone back to his job of getting under liberals’ skins. He said he had never talked to Trump until the president called him about the pardon earlier this week.

Reportedly, his pardon, as well as those of Libby and Arpaio, were not run through the Office of the Pardon Attorney, as many previous presidenti­al pardons were, though there is no law that says they must be.

Stewart, the home decorating and entertaini­ng maven, and Blogojevic­h, the former Democratic governor of Illinois who was accused of trying to sell the U.S. Senate seat of former President Barack Obama, are associated with Trump through his hosting of the reality television show “The Apprentice.”

Meanwhile, reality TV star Kim Kardashian West got face time with the president earlier this week allegedly to discuss a pardon for Alice Marie Johnson, who has served more than 20 years of a life sentence in prison for her involvemen­t in a Memphis drug traffickin­g operation.

In many ways, the pardons and discussion of pardons is Trump being Trump, thumbing his nose at convention, attempting to undo political wrongs for others as he believes have been done to him. But most presidents wait until the end of their term(s) and get clearance from the pardons office.

President Bill Clinton, for instance, the king of recent presidenti­al pardoners, absolved Henry Cisneros, his former secretary of Housing and Urban Developmen­t; the president’s brother, Roger; John Deutch, a former director of the CIA; Patty Hearst, the socialite daughter-turned-bank robber; Susan McDougal, partner with the Clintons in their failed Whitewater land deal; Marc Rich, who illegally traded with Iran; and former U.S. Rep. Dan Rostenkows­ki, who had been convicted for his role in the congressio­nal post office scandal.

Obama commuted the sentence of, among others, Chelsea Manning, the former U.S. Army soldier who had been sentenced to 35 years in prison for providing classified documents to WikiLeaks.

As for Trump, we hope he’ll let Mueller complete his work without any discussion of pardons. To date, the only individual­s the investigat­ion has found any dirt on are low-level players who were disconnect­ed from the then-candidate. As time goes on, the investigat­ion seems to have less and less to do with him.

If and when it is over and if that still is the case, and only those already arrested now remain as culprits, he could consider pardons. But any premature discussion only makes his supporters and nonsupport­ers suspicious of his motives and wonder why they elected a fairy godfather and not a president.

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