Post # 335    BEG YOUR PARDON: A Plinyblog Editorial

With all respect, we find it positively mindboggling, that, despite their determined, radical aspiration to do away with unfair and corrupt institutions, historically existing in ancestral Europe, the Founders authored a replication of the arbitrary and corrupt institution of the “Royal Pardon”. (U.S. Constitution (Article II, Sec.2, Clause 1). The understood, intended foundational theme of the new, experimental, democratic republic, as envisioned, would do away with class privilege and arbitrary justice, and, instead, provide for an equitable nation, with “liberty and justice for all.” We are thus perplexed with the inclusion and perpetuation of this arbitrary royal privilege, in our foundational document.

We have read that one of the revered, Founding Fathers, Alexander Hamilton, explained, that its purpose was, in times of national unrest, to quell retributory violence and promote peace. History reveals that the Presidential privilege was exercised to assure harmony and avert insurrection, by President Abraham Lincoln after the conclusion of the Civil War, and that it was employed to the same end, more than once, during the publicly divisive Viet Nam War period. Yet we have ascertained that this “royal privilege” was exercised in excess of 2,000 times, for sundry other reasons, including instances of political and social purpose. One is inclined to question the sincerity and accuracy of our protestations of proportional justice.

A sleeping dog was awakened, by the despicable pardon granted to Sheriff “Joe” Arpaio; known for his racism, physical torture of Hispanic immigrants, and public immorality. Our “ good old boy,” Sheriff Joe, had been convicted by a Federal Court of flagrant contempt, for intentionally disobeying the Federal Judge’s Order to appear in Court; to, no doubt, the celebrated delight of his rebellious red-neck followers. Our Solomonic Head of State, who counts such despicable miscreants among his loyal [“base”] supporters, summarily granted such monster a full pardon, even by-passing a statutorily prescribed administrative process, mandated to preliminarily take place, before the U.S. Justice Department, respecting pardons. This dishonorable, non-Presidential behavior, of Donald Trump, has caused much criticism and unrest in our nation, but no doubt, little surprise.

The late Senator John McCain, was among a great many Americans, who felt that the pardon granted by President Trump, to Arpaio, for the crime of criminal contempt of an Order of The Federal Court, created an illegal and dangerous precedent.

We are also concerned that the witnesses, appearing before the Special Prosecutor, as well as those who are to testify before the various Congressional Committees, will be tainted with the stain of arbitrary Presidential pardon.

The American Public which, is by now, unquestionably aware of the many scenarios, in which many people, close to the President, are charged with serious crime, of all sorts, domestic and international. It  appears that these felonies were committed on behalf of President Trump, himself. Many have been shown to have the actual participation, in fact, of the President, himself. It would seem to be a Mad Hatter’s Tea Party, if the President could pardon people for the commission of crimes in which he, himself, was complicit. How about his own proven criminal acts? Those of his miscreant family:  does the Mad Hatter, himself, have the authority to pardon?

We wonder, under the circumstances, whether a  Constitutional Amendment, eliminating the Executive Pardon, altogether, or at least, providing proper criteria for its exercise, would have requisite citizen support.


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Retired from the practice of law'; former Editor in Chief of Law Review; Phi Beta Kappa; Poet. Essayist Literature Student and enthusiast.

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