The Pardon Power Problem
The Founders chose not to limit the pardon power, trusting that the power vested in one person would inspire caution. But the pardon power can also be used to undermine executive branch criminal accountability.
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A new blog post from Molly Nixon, senior fellow in executive power at the Cato Institute, describes how presidential pardons could profoundly alter the work of federal employees, writing in part:
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“In an era when prosecutorial power has become a weapon, there is genuine force to an argument that pardons are a practical defense for officials who might otherwise face vindictive prosecution.
“But the criminal statutes governing the conduct of executive branch employees exist because we decided that public officers should answer to the law, not merely to the person above them. A president willing to effectively void those laws for his administration has changed that arrangement—legally, but fundamentally.”
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To speak with Nixon further on the power of presidential pardons, contact Christopher Tarvardian.
Source: https://www.cato.org/news-releases/pardon-power-problem
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