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But I would go further. Alexander Hamilton suggested in The Federalist Papers , PSW Womens MSTKH Rubber Rain Boots Black/White Grey Leaves rafD3iprn0
, that the presidential pardon power had a twofold purpose: to provide a means of tempering with executive clemency the sometimes harsh results of rigid application of the law and as a tool of statecraft . Hamilton’s example of the second purpose was the use of a well-timed pardon to potential rebels or insurrectionaries to prevent open conflict. Over the succeeding centuries, multiple presidents have employed pardons and amnesties for reasons of state, often after hostilities to reconcile a divided country or region. Notable illustrations include George Washington’s pardons of participants in the Whiskey Rebellion, Madison’s amnesties to deserters in the War of 1812, Andrew Johnson’s pardons of Confederates after the Civil War, and the post-Vietnam War pardons of draft law offenders by Presidents Ford and Carter.

Neither the mercy nor statecraft rationale for pardons can be extended to the issuance of pardons for partisan political ends. Of course, one must tread carefully here because one man’s exercise of mercy or statecraft is another man’s partisan political maneuver. Thomas Jefferson New Brieten Womens Strappy Laceup Pointed Toe Sexy Hight Heel Dress Sandals Black Hyprs8m42W
violators of the Alien and Sedition Acts because he thought that the Act was probably unconstitutional and certainly contrary to American principles. But Jefferson had opposed the Acts in the first place and the pardons pleased his political supporters. Barack Obama Dear Time Women Fashion Laceup Sport Shoes Sneakers Black ucZz38Qm
of hundreds of drug law violators. For many observers, this was a long-overdue and even insufficient reaction to over-criminalization of narcotics offenses. For Obama’s harsher critics, it could be portrayed as a pander to his electoral coalition.

Likewise, there is plainly some constitutional room for pure whimsicality in presidential judgment about what offenses deserve executive clemency.

Nonetheless, there is no obvious precedent for what appears to be an emerging pattern with Trump — pardons issued almost exclusively (1) to Trump political allies or fellow travelers, (2) to friends or friends of friends, or (3) for the purpose of sending political messages. D’Souza and former Arizona sheriff Joe Arpaio plainly fall in the ally and fellow traveler box. In the second category is the pardon of Scooter Libby whose case seems to have been brought to Trump’s attention by Victoria Toensing, who with her husband and law partner Joe diGenova, is an ardent public defender of Trump and was briefly set to represent him. In the third category is the pardon of Kristian Mark Saucier. Saucier was a sailor convicted of the unauthorized retention of defense information and Trump Reebok Mens Print Elite Ultraknit Running Shoe Brave Blue/Awesome Blue/Coal/White ZFsfc
his treatment to the supposed failure of the Justice Department to prosecute a top Clinton aide. Some have intimated that the Libby pardon also falls in the signaling category inasmuch as Libby was convicted of the kinds of crimes, perjury and obstruction of justice, that figure so heavily in the ongoing Mueller investigation.

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Portraits top to bottom: Robert P. Young Jr and Edward Manfield

Clockwise from left:

Harvardians May Make Donald Trump’s

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Lawrence S. Bacow

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Robert Reid-Pharr

Courtesy ofRobert Reid-Pharr

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The CUNY scholar will become the first senior faculty hire for the program, which has added new members in recent years.

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Photograph by Getty Images

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FYRE’s student steering committee

Photograph courtesy of FYRE

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Kenton Shimozaki ’19 reflects on lessons learned at Harvard’s First-Year Outdoor Program.

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Humor, Too

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