Pardon: Understanding the Power and Controversy

Pardon: Understanding the Power and Controversy January 23, 2025

Former President Biden and President Trump completed the transfer of power this week. During the transition period, both presidents issued controversial pardons, which caused dissatisfaction among both political factions. Let’s examine what has occurred in greater depth.

What is a Pardon?

It is essential to understand precisely what a pardon does for those granted pardons:

Presidential Pardons are a subset of the President’s clemency powers. The President can issue pardons for federal offenses at any point after a crime is committed, including after conviction and sentencing. Typically, these are considered for individuals who have already served their sentence and demonstrated exemplary conduct, remorse, and positive contributions to society.

Unlike a commutation, which shortens a sentence, a presidential pardon often comes after the individual has completed their prison term. Its primary value lies in restoring civil rights such as voting, holding public office, and, in some cases, obtaining professional licenses.

Former President Biden and President Trump have recently issued controversial pardons to correct what they view as “injustices.” In President Biden’s case, he intended to protect individuals from crimes that had not yet been identified or prosecuted by granting “preemptive pardons.” The courts will decide whether these pardons are legal.

Most of these pardons have political aspects and are dangerous territory for future Presidents, especially the “preemptive” pardons. The definition of a pardon and when it is granted are straightforward. However, the practical application of pardons is becoming increasingly broad and diverse.

January 6th Pardons

These pardons are especially contentious, as was the entire January 6th event. President Trump made a campaign promise to pardon those convicted and imprisoned because of the event. Many feel that the Biden Department of Justice (DOJ) handed down overly heavy sentences to make an example of the offenders. While there is some truth to that, pardoning violent offenders raises questions:

  • Was the sentence within established norms for federal law?
  • Did those in prison serve the appropriate sentence for the crime they were charged with?
  • Were these offenders treated differently than someone who has committed a similar crime?

Many on the right look at the BLM riots and decry the lack of and reduction of charges for violent offenses committed. There is truth to this, although doing the same for some January 6th offenders doesn’t make it right either. President Biden weaponized his DOJ and went after his political opponents; this is true. We must remove all aspects of political influence within the judicial branches of all federal, state, and local governments. Our judicial system is badly in need of reform.

“No Justice, No Peace”

We have seen this motto often during the BLM riots. The underlying meaning was that there would continue to be violence until there was fair and equal justice. Pope Paul VI stated the following:

IF YOU WANT PEACE, WORK FOR JUSTICE

The underlying meaning is that working for justice will bring about peace. We must stop the cycle of violence prevalent in society today. This is critical, or we will continue to have violent events, and politics will continue to live within the courts. Matthew 26:52 states:

“Then Jesus said to him, “Put your sword back into its sheath, for all who take the sword will perish by the sword.”

Violence begets more violence. We have seen this throughout history. There will always be some injustice, including in the court system. The system has checks and balances to resolve these injustices. Broad and blanket pardons by any President will continue to enflame people and fuel the societal divide.

What did you think of this article? What do you think about the issue? Please use the comment section to share your thoughts.

Peace

About Dennis McIntyre
In my early years, I was a member of the Methodist church, where I was baptized as a child and eventually became a lector. I always felt very faith-filled, but something was missing. My wife is Catholic, and my children were baptized as Catholics, which helped me find what I was looking for. I wanted to be part of something much bigger than myself walking together with Jesus. I was welcomed into the Catholic faith and received the sacraments as a full member of the Catholic Church in 2004. I am a Spiritual Director and very active in ministry, serving as a Lector and Eucharistic Minister and providing spiritual direction. I have spent time working with the sick and the terminally ill in local hospitals and Hospice Care centers and found these ministries to be challenging but extremely rewarding. You can read more about the author here.
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