Leila Fadel and Obed Manuel from NPR.org reported that the president-elect, Donald Trump, has publicly declared on both the campaign trail and social media platforms that one of his primary actions upon assuming office for a second term will be to work toward the release of hundreds of individuals who were convicted for their involvement in the Jan. 6, 2021, attack on the U.S. Capital.
This violent event took place while Congress was in the process of certifying the results of the 2020 Presidential Election, an essential democratic procedure. Since that day, more than 1,500 people have been charged with various crimes linked to the insurrection, reflecting the significant impact of the attack on the nation’s political landscape and the rule of law.
Fadel and Manuel went on to say that former President Trump declared that if he were to regain his position in the White House, he would fire special counsel Jack Smith “within two seconds.” This remark comes as Smith is nearing the conclusion of two significant legal cases against Trump, both initiated by the Department of Justice. The first case revolves around Trump’s alleged attempts to cling to power following the 2020 Presidential Election, actions that culminated in the violent events of Jan. 6, when a mob stormed the U.S. Capitol to disrupt the certification of the election results. The second case involves Trump’s handling of classified documents after leaving office, particularly concerning materials found at his Mar-a-Lago resort in Florida. These investigations are central to ongoing discussions about accountability and the legal ramifications of Trump’s actions during and after his presidency.
According to Article II, Section 2, Clause 1 of the United States Constitution, the president holds the authority to grant reprieves and pardons for offenses committed against the United States. This provision highlights the president’s power to mitigate or eliminate criminal penalties for individuals convicted of federal crimes.
However, it is important to note that this power does not extend to cases involving impeachment, where additional limitations are placed on the president’s ability to grant clemency. The term “offenses against the United States” specifically refers to federal crimes, which are violations of laws enacted by the federal government. Examples of federal crimes include drug trafficking, bank robbery and federal tax evasion. In contrast, the president does not possess the authority to grant clemency for state crimes or civil wrongs, as these matters fall under the jurisdiction of state governments. Thus, the president’s clemency powers are exclusively concerned with federal judicial matters, reinforcing the separation of state and federal legal systems.
While it is within the realm of possibility for former President Trump to issue pardons, I find it highly improbable that such actions will be undertaken, nor do I believe they would yield a satisfactory outcome for all parties involved. Throughout his presidency, Trump made numerous commitments that he ultimately failed to fulfill, and this history raises doubts regarding the likelihood of granting pardons in this context.
Should he decide to proceed with such pardons, I anticipate that the reactions would be largely negative. America is already a laughing stock to many countries. Not only did the government allow Trump to run while he had major legal issues going on, he won the presidential elect position. Honestly, pardoning these individuals would not even be the craziest thing that America has allowed. The gravity of the actions taken by those involved—especially since they were an act of terrorism—raises significant ethical and moral concerns about the appropriateness of any potential clemency. Given the seriousness of their offenses, it is challenging to justify any leniency or reduction of sentences, as accountability for their actions is imperative in such circumstances.
