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May 31, 2018

Prez Trump meets with Kim Kardashian to discuss clemency ... and then tweets that he "Will be giving a Full Pardon to Dinesh D’Souza"

I have an inkling that years from now lots of academics may be able to get PhDs based on a robust analysis of President Trump's tweeting. And the last 24 hours would make for an especially interesting account of Prez Trump's various perspectives on criminal justice matters.  Here are just a few Trumpian tweet highlights:

"Great meeting with @KimKardashian today, talked about prison reform and sentencing."

"'The recusal of Jeff Sessions was an unforced betrayal of the President of the United States.' JOE DIGENOVA, former U.S. Attorney."

"Not that it matters but I never fired James Comey because of Russia! The Corrupt Mainstream Media loves to keep pushing that narrative, but they know it is not true!"

"Will be giving a Full Pardon to Dinesh D’Souza today. He was treated very unfairly by our government!"

This CNBC article provides some context for this latest (political) act of Presidential clemency in the last of these linked tweets:

President Donald Trump said Thursday he plans to issue a pardon to Dinesh D'Souza, a prominent conservative commentator and filmmaker who was convicted of making an illegal campaign contribution....

D'Souza pleaded guilty in 2014 to reimbursing two of his associates after directing them to contribute $10,000 each to the 2012 Senate campaign of Wendy Long. He also admitted that he knew what he was doing violated the law.

Then-U.S. attorney Preet Bharara announced D'Souza's conviction at the time. "Dinesh D'Souza attempted to illegally contribute over $10,000 to a Senate campaign, wilfully undermining the integrity of the campaign finance process," Bharara said. "Like many others before him, of all political stripes, he has had to answer for this crime -- here with a felony conviction."...

D'Souza was sentenced to spend an eight-hour day each week in community service as part of a five-year probationary term, according to the Southern District of New York. He also has to attend weekly counseling sessions and pay a $30,000 fine.

Texas Sen. Ted Cruz, an ally of both Trump and D'Souza, applauded Trump's decision in a tweet of his own....

The president has used his pardon power five other times since taking office, including the controversial pardoning of former Sheriff Joseph Arpaio in August 2017.

Though I am always pleased to see any president make robust use of his clemency powers, I find disconcerting the obvious affinity Prez Trump has for using this power for the benefit of prominent political allies.  I am surely naive to hope that Kim Kardashian could have explained to Prez Trump how it could be politically valuable for him to start granting clemency to a bunch of just "regular people" that he claims to care about so much.   As I see it, there are lots of federal felons other than Dinesh D'Souza who have been "treated very unfairly by our government!" Perhaps Prez Trump will see and act on that reality eventually. 

May 31, 2018 at 10:14 AM | Permalink

Comments

I'm not enough of a historian to know how often the pardon power has been use in a partisan way, of not a corrupt way. I do know that Clinton's pardon of Marc Rich was outrageous and may have begun the modern corruption of the pardon power. In light of Clinton's action, we can hardly complain about Trump's pardons. The only remedy for the abuse of the pardon power is impeachment, conviction, and removal from office. I don't expect that anytime soon.

Posted by: Michael R. Levine | May 31, 2018 10:35:26 AM

"In light of Clinton's action, we can hardly complain about Trump's pardons."

Twenty years your friend did something wrong. How can you complain that I did?

Moving past the asinine ... well ... " I am always pleased to see any president make robust use of his clemency power"

His actions are degrading it and even you toss in "disconcerting."

We can't look at this sort of thing in a vacuum. It is especially the case when there is already a trend (though someone here might want even more examples) that send a horrible message, including to certain people about them likely being safe if they play ball with Trump. Overall, this degrades the clemency power, as do special interest pardons like the Rich one, and in the long run will make it harder for it to apply to promote justice and pragmatic benefits (such as cooling down situations like Washington's pardons after the Whiskey Rebellion or Carter after Vietnam) in the way it is there to do.

Posted by: Joe | May 31, 2018 11:21:44 AM

Anything Trump does is suspect. Just found out that his name derives from the French "tromper," which means to deceive, to lie, to dissemble. Why am I not surpised?

Posted by: Pete from Astoria | May 31, 2018 11:23:06 AM

In response to Levine's comment, Joe writes, "Twenty years your friend did something wrong. How can you complain that I did?" Joe misses Levine's large point: the pardon process has been corrupted. It has the stench of the sewer now. I just dont' think it used to be that way.

Posted by: Peter from Vermont | May 31, 2018 11:51:18 AM

There have always been some abuse in "lame duck" pardons -- the gifts given out by a president to friends and allies just before leaving office. What is disconcerting is that, sixteen months in, all of the pardons have been outside of the normal process and they have all been to political people.

If there is not one average person spending time in federal prison who is worthy of a commutation, why is everybody spending so much time considering federal sentencing reform?

Posted by: tmm | May 31, 2018 1:03:00 PM

The optimistic spin. These political pardons are the padding on the boxing glove. Trump plans on doing some big time pardoning later that will make liberals happy and by doing this first he will not leave Republicans any room to complain without sounding chintzy.

In other words, lets not write a narrative before the narrative is over.

Posted by: Daniel | May 31, 2018 4:42:05 PM

I will pass on assuming some "wider point." I just go by what is said. "In light of Clinton's action." As tmm notes, Clinton's pardon isn't even of the same sort. Or, even somehow the start of some "cesspool." We could complain even so.

Why we are supposed to be optimistic about Trump is unclear. Maybe all the other things he has been doing is also some sort of prelude. It's 18 or so months in. In fact, it's decades in, since Trump has been acting in a certain way for a long time.

"Narrative." No. Statement of what is happening.

Posted by: Joe | May 31, 2018 5:48:40 PM

@tmm, you nailed it.

If there is not one average person spending time in federal prison who is worthy of a commutation, why is everybody spending so much time considering federal sentencing reform?

I love it when a couple of sentences sums it up nice and tidy, good job.

Posted by: MidWestGuy | May 31, 2018 8:50:33 PM

@joe

I am optimistic about Trump for the same reason I believe all children are innocent, a strange dog will never bite, and "I will love you forever" really means forever. And that reason is either (a) because it keeps hope alive in dismal times or (b) because I am a damn fool. Take your pick.

Posted by: Daniel | May 31, 2018 9:29:37 PM

Daniel. Trump had the factually best first year of any President in history. His second year will be better. Check the value of your assets. You did very well from the Trump Effect.

Posted by: David Behar | Jun 2, 2018 9:33:31 AM

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