The Message in the Trump Pardons

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Whatever other virtues might attach to the pardons issued today by President Trump, there is also this: They will remind our overwrought Democrats of one of the most far-sighted features of our Constitution. It is that when it comes to the fate of those who are, or could be, adjudged guilty of offenses against the United States, the final dispensation belongs to the President. He doesn’t even have to explain himself.

That’s something to bear in mind as leftist Democrats corral former federal prosecutors to raise an alarum against Mr. Trump’s criticisms of the prosecution of Roger Stone. Or as a bevy of federal judges calls an “emergency” meeting to figure out what to do about the President. Today’s actions are a reminder that a president needn’t confine himself to mere carping about runaway prosecutors and judges.

It turns out that he can undo their mischief with the stroke of a pen. He did so today in respect of eleven persons, including a number of individuals who were not famous. One was the founder of a construction company put on probation and fined for filing false tax statements. Another, a motivational speaker who’d been confined at home for a role in a stolen vehicle ring. Another drew 35 years for a scheme for Medicare fraud.

We have no quarrels with any of the pardons or commutations, but the ones that thrilled us went to Michael Milken and Governor Blogojevich. We were writing editorials for the Wall Street Journal when it was criticizing the way the Racketeer Influenced and Corrupt Organizations Act was being used by the Feds against Drexel and some of the individuals in the case. It left us with an abiding distaste for the government’s behavior.

The Wall Street Journal reckoned the case against Mr. Milken was “tainted when prosecutors RICOed his brother as a hostage to a plea bargain,” as it was put by the paper’s star legal writer, Gordon Crovitz. When Mr. Milken pleaded guilty, bingo, the case against his brother, Lowell, was dropped. Once the billionaire lay in prison, the Federal judge in the case, Kimba Wood, cut his sentence to two from ten years.

A notable feature of the pardon of Mr. Milken is that it was reportedly endorsed by none other than Mr. Giuliani, the prosecutor who levied the case and who is now famously representing the President of America. Our own sentiments in the Milken case, and others, have been neither personal nor political. We dissented on the way the case against Governor Blogojevich was handled, and he was a Democrat.

Mr. Blogojevich is the third major figure pardoned by Mr. Trump after being prosecuted by Patrick Fitzgerald. The first was Vice President Cheney’s aide, Lewis Libby, whom Mr. Fitzgerald pursued in a leak investigation in which the government knew at the outset that Mr. Libby wasn’t the leaker. The second was Conrad Black (a founding investor in the Sun), whom Mr. Trump concluded was wrongly convicted.

Our biggest beef with the Blogojevich case was the government’s decision to try him a second time after a jury hung on all but one of the charges it weighed. We saw it as the kind of double jeopardy the Constitution prohibits. That court precedent is against us, we get, but we’ve long reckoned the plain language of the Constitution is on our side — as, it has developed, are the odd bed-fellows of Justices Gorsuch and Ginsburg.

Which brings us back to Mr. Trump. When a reporter asked him this afternoon whether he was going to pardon Roger Stone, the President breezily called out that he hadn’t given it any thought. Hah! These cases are a reminder that there is no curb on the president’s pardon power. The pardon is the president’s to wield and the judges’ and prosecutors’ to worry about.


The New York Sun

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