As we approach the mid-term elections, we should think about accountability. “The President ... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” [FN1] This power is quite broad. [FN2] 1/8
Two aspects are important to take into consideration.
1. The Court has held the power may be exercised at any time after an offense has been committed, i.e., a person cannot be granted immunity for future criminal conduct. [FN3] 2/8
This limit can be rendered meaningless. The January 6 rioters were pardoned on trump’s first day in office. [FN4] No explicit promises were made. Jan 6 rioters received pardons then, and the maga faithful can feel confident if they engage in similar conduct. 3/8
2. The power can only be applied to federal offenses. People might (mistakenly) believe that this means pardons can’t be issued for any crtiminal acts. However, criminal conduct in D.C. is under federal law. That’s how he could issue the pardons 1/20/25. 4/8
That does not mean convictions under State jurisdictions are safe. In States totally maga States, where all three branches are red, even if convictions are had, they’ll be tossed and “rule of law” will be rendered farcical. [FN5] Jackboots will join shock gloves as the norm. 5/8
Red hat “poll watchers” who feel immune from prosecution as they exercise 2A “rights” are scary to contemplate. Sorry to rain on any parades, but facts are important. “Let the people know the facts, and the country will be safe.” - A. Lincoln. 6/8
Footnotes:
FN1. Const. Art II, § 2, cl 1.
FN2. See, U.S. v. Klein, 80 U.S. 128, 147 (1871) (power of pardon is without limit.)
FN3. Ex Parte Garland, 71 U.S. 333, 380 (1866). 7/8
FN4. Roger Parloff, “Trump Pardons or Commutes Terms of All Jan. 6 Rioters,” Lawfare, 1/20/25, accessed 8/19/26. 8/8
FN5. Make that “more” farcical. The Roberts “Most Corrupt SCOTUS in History” 6 is always ready to kill rule of law for enhanced income opportunities. 8/8
© 2026 Created by Mark Small.
Powered by

You need to be a member of Civil Discourse Now to add comments!
Join Civil Discourse Now