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August 26, 2024
"Presidential pardons: Which ones do Americans approve of?"
The title of this post is the title of this interesting new YouGov entry discussing its latest polling regarding various all sorts of aspects of the use and reach of the federal clemency power. There are a number of notable and interesting findings discussed throughout the piece, and here is its introductory overview at the start:
As the 50th anniversary of Gerald Ford’s controversial pardon of Richard Nixon approaches, new polling reveals that public support for the pardon has increased over time, though slightly more still disapprove of it than approve. Americans are divided over many specific pardons, largely corresponding to whether their party and the party of the president who issued it are aligned. While some of the most recent pardons — such as those granted by President Joe Biden for marijuana possession — receive broad approval, others, particularly those issued by former President Donald Trump to his allies, are viewed far less favorably.
Roughly half of Americans approve of presidents having the power to pardon federal crimes, but majorities think it would be inappropriate for presidents to pardon themselves, family members, or donors. Many support putting limits on the president's pardon power, including by making public the reasons behind pardons, prohibiting self-pardons, and limiting pardons during an election year.
August 26, 2024 at 08:19 PM | Permalink
Comments
Kind of a useless entry.
Public support for pardoning is irrelevant. A POTUS can use it when he wants, on who he wants, and for whatever reason he wants.
It’s just something we praise/complain about every four years when the other side uses it.
The DEA stealing money from air passengers never even accused of a crime is much more relevant and actionable, but that’s off-topic.
Posted by: TarlsQtr | Aug 27, 2024 2:44:20 AM
Tarls: it is quite clear that every modern president’s use of his clemency power has been influenced by public opinion. The clearest evidence of this fact is in the timing of grants, which over the last 30+ years, have been clustered toward the end of a prez term (and primarily after Election Day). These data ftom the Pardon Office tell part of this story: https://www.justice.gov/pardon/clemency-statistics
Posted by: Doug B | Aug 27, 2024 3:45:35 AM
Doug,
And what cam realistically be done about it?
As I said, nothing.
That’s my only point. We can admire the problem (those who find it to be one), but that’s it.
Posted by: TarlsQtr | Aug 27, 2024 10:37:27 AM
Tarls: there is much that can and surely will be "done" in response to sound polling regarding public support for various clemency actions. As just one example, I have already seen marijuana reform advocates asserting (suspectly) that "President Joe Biden’s mass marijuana pardons are the most popular acts of presidential clemency in U.S. history." That point will surely be stressed by advocates to urge not just Biden to do more in this space, but also to encourage state Governors to do more here. (State clemency processes tend to be even more subject to a range of political factors, as well as often more formal legal particulars.) And, regardless of who prevails in November, various clemency advocates and perhaps clemency advisors are likely to be influenced by, and may tailor advocacy/advice toward, the White House around some of these data --- both to the guy leaving and whomever is elected.
Beyond how advocates/advisors might try to leverage public opinion to shape further action by chief executives, "public support" for various clemency efforts may also impact the work of DOJ and Congress in years to come in at least subtle ways. Federal prosecutors may be more inclined to go after clemency recipients for other crimes if they think the political winds are at their back, and folks in Congress may be more inclined to conduct hearings about clemency decision-making if they think they can benefit politically (or hurt an adversary) by doing so. (There is also a bill in Congress to take parts of the clemency process outside of DOJ, though I surmise a lot of the "less popular" grants did not go through the DOJ process.)
Relatedlty, I find it quite interesting --- though perhaps happenstantial --- that the "most popular" clemency grants involved what might be called "mass pardons." Trump has talked of mass pardons for the Jan 6 offenders and DP abolitionists are hoping Biden will do a mass commutation for federal death row. A savvy advocate might assert based on this polling that a mass clemency that does not single out/exclude any individuals may prove politically more palatable and popular than any more selective clemency efforts.
My point is that, in a well-functioning democracy, everything done by political actors and advocates/advisors is influenced by politics and "public support" and/or lack thereof. More information about what clemency actions by a Prez garners public support (or lacks it) can and will surely echo through many parts of the system.
Posted by: Doug B | Aug 27, 2024 11:45:11 AM