Trump's Pardoning Power — Yea Or Nay: POLL

According to the U.S. Constitution, Article II, Section 2, the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment” (original capitalization and spelling). That, the Heritage Foundation said, is one of the least limited powers granted to the president.

Over the years, some presidents have approached the power cautiously and some have waited before diving in to what can sometimes be a controversial act.

The past three presidents — Bill Clinton, George W. Bush and Barack Obama — granted no pardons until the third calendar year in office, the Department of Justice said.

President Donald Trump granted his fifth act of clemency Thursday to conservative commentator Dinesh D’Souza, who was convicted and pleaded guilty to making an illegal campaign contribution in 2014. At the time, prosecutors said D’Souza knew what he was doing was illegal.

Sarah Huckabee Sanders said Trump thought D’Souza was a victim of selective prosecution, even though a federal judge denied his pretrial motion to dismiss the indictment for that reason.

Trump, whether intentional or not, seems to be wrestling the pardon process away from the Department of Justice. In the past, the DOJ recommended who should be pardoned and sent that information to the president.

On the other hand, Trump seems to be choosing people he personally knows or has seen on television, cnbc.com said.

In 2017, Trump pardoned Arizona Sheriff Joseph Arpaio, who had been convicted of contempt of court. In April, I. Lewis “Scooter” Libby was pardoned. He had been convicted of lying to investigators and obstruction of justice following the outing of a CIA officer.

Earlier in May Trump issued a posthumous pardon to heavyweight champion boxer Jack Johnson, an African-American convicted by an all-white jury in 1913. Johnson was accused of transporting a woman across state lines for “immoral purposes.” The woman, who was white, would later become his wife.

Not so high profile was the unconditional pardon of Kristian Mark Saucier on March 9. Saucier was convicted of unauthorized retention of defense information.

And the president signaled that he may not be done pardon-wise in the short run, saying he is considering commuting the sentence of imprisoned former Illinois Gov. Rod Blagojevich, who was convicted of corruption.

Trump also said he is mulling the pardon of Bedford resident and lifestyle mogul Martha Stewart who served five months in prison after being convicted of obstruction of justice, making false statements and conspiracy for lying to investigators about insider trading.

Both Blagojevich and Stewart were associated with Trump’s “Apprentice” franchise. Blagojevich was a contestant on “The Celebrity Apprentice” and Stewart hosted “The Apprentice: Martha Stewart.”

There are a number of connections in the pardons that Trump has made so far or is considering. Former U.S. district attorney Preet Bhahara, who the president fired, prosecuted D’Souza.

Trump fired FBI Director James Comey, a Yonkers native, who prosecuted Stewart, and is a close friend of ex-U.S. attorney Patrick Fitzgerald who prosecuted Libby and Blagojevich and is now representing Comey, according to MSNBC.com.

Longtime Trump associate Roger Stone said in the Washington Post that the president is sending a clear message with the pardons, actual or considered.

“It has to be a signal to Mike Flynn and Paul Manafort and even Robert S. Mueller III: Indict people for crimes that don’t pertain to Russian collusion and this is what could happen,” Stone told the Post.

Harvard Law Professor Laurence Tribe tweeted that D’Souza’s pardon was “an elephant-whistle to Michael Cohen & all who know damning things about Trump: protect me & I’ll have your back."

So what do you think? Is President Trump being magnanimous or is there a political purpose? Vote in our unscientific poll and leave a comment to tell us what you think.

Photo credit: Department of Justice.