Biden, Trump were wrong on pardons

The shocking abuses of presidential pardon power Monday should alarm all Americans. In their own ways, Presidents Donald Trump and Joe Biden each set worrisome precedents for how this executive authority will be used in the future. Because Biden went first, we'll take the pardons he issued first. In his final hours in office, the Democrat pardoned family members, along with numerous current and former government officials, including members of a Democratic-led congressional committee that investigated the Jan. 6, 2021, assault on the U.S. Capitol. Biden's explanation for issuing the pardons was at least understandable, given that Trump campaigned on a platform of retribution against his perceived enemies. This despite his insistence that he would end the "weaponization" of government. (Using government resources to seek revenge on political foes is the very definition of weaponizing the government.) "Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families," Biden wrote in a statement explaining his decision to pardon the government officials. And while Republicans might have been gearing up to investigate and prosecute them, those pardoned also had not been charged criminally. Nor have we seen evidence that they committed any crimes. (Biden, breaking a long-standing promise, did pardon his son, Hunter Biden, who had been convicted of crimes, last year. That, too, was unfortunate, even if the younger Biden might not have been prosecuted but for who his father is.) It's important to remember that the pardons won't prevent congressional investigations. Sure enough, on Wednesday, House Republicans announced they would continue to probe what happened on Jan. 6 and its aftermath. That investigation appears to be a continuation of GOP efforts to rewrite the events of that dark day in a way more favorable to Trump, whose false claims that the 2020 election was stolen spurred some of his supporters to attack the Capitol. The danger of Biden's pardons is that future presidents of both parties will be able to point to them to justify pardoning their own political allies or family members. Yes, presidents have pardoned family members, friends and allies before, but Biden went further than any of his predecessors. Trump himself reportedly mulled similar pardons for his family members and other allies when he left office following his defeat in the 2020 presidential election. While he did pardon allies who had faced criminal charges, he didn't issue blanket pardons to those who weren't in legal trouble. We suspect he won't be so reticent when he exits the White House in four years. Thus, those in the president's good graces will be less constrained when it comes to pushing what is legal or even breaking the law altogether, comfortable in the knowledge that their proximity to the president might shield them from the repercussions of bad behavior. Coupled with the U.S. Supreme Court's terrible decision granting broad immunity to presidents acting in their official capacity, this has the potential to create a consequence-free zone around the Oval Office. Trump's decision to grant pardons or clemency to all of those charged or convicted in connection with the storming of the Capitol four years ago was an even worse blow to the justice system. Among those convicted of attacking officers were two Wellington men, Clifford Mackrell and his father, Michael Mackrell. Both pleaded guilty and were serving 27-month prison sentences before they were pardoned. They have since been released, according to the U.S. Bureau of Prisons' website. According to federal prosecutors, the Mackrells attacked police officers who were trying to form a protective barrier. Michael Mackrell "wrapped his arm around the neck of a U.S. Capitol Police officer and threw the officer to the ground." He also tackled three other officers and, along with Clifford Mackrell, pushed another officer to the ground. Prosecutors also said that Clifford Mackrell tried to gouge out the eyes of an officer, among other allegations. Even some of Trump's most stalwart allies hadn't expected him to go as far as he did in issuing pardons to the rioters. No less than Vice President J.D. Vance had said he didn't think those who had attacked police officers should be granted pardons. Yet it was always a distinct possibility that Trump would issue mass amnesty to those he has described, wrongly in our view, as "hostages." Although many of those pardoned had faced misdemeanor charges for their actions inside the Capitol that day, many others had attacked police officers, about 140 of whom were injured. While we disagreed with the justifications Trump supporters offered for their protests that day, we recognize that those who acted peacefully outside the Capitol had every right to do so. Those who stormed the Capitol and assaulted police officers were anything but peaceful. Violence has no place in American politics, and those who commit it should face justice in the court system. Just as Biden's pardons might spur lawlessness among a president's associates, Trump's might spur violence among those who believe they are acting in service to a president. Both possibilities are a threat to the rule of law and democratic norms, and our nation is worse off because of the pardons.