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The Counsel

Note from Rachel 1/29: Pardons Without Process

The Counsel

Some Spider, Inc.

Politics, News

4.6848 Ratings

🗓️ 29 January 2025

⏱️ 13 minutes

🧾️ Download transcript

Summary

CAFE Contributor Rachel Barkow reflects on the pardons issued by President Trump and former President Biden, highlighting the flaws in the pardon process and necessary reforms. Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney’s Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg’s transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time.  For a transcript of Rachel’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

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0:32.2

Hey folks, Rachel here. Here's a recording of my latest cafe note, Pardon's Without Process.

0:38.5

As always, please write to us with your thoughts and questions at Letters atcafe.com.

0:47.7

Dear listener, as a scholar who has written a great deal about clemency and the president's pardon power over the past two decades,

0:56.2

I can say with some authority that this month is the worst ever when it comes to the exercise of that power.

1:02.9

It's not just the fact that so many grants were troublesome on the merits, as Preet and Joyce and so many others have detailed.

1:10.2

It's also the blatant disregard by not one but two presidents for a fair process

1:16.0

and for the people who played by the rules in seeking clemency relief.

1:20.3

Throw in the fact that much of the public now seems to take for granted that this is acceptable,

1:25.0

and you have the most miserable month for mercy.

1:28.2

It's not new for presidents to pardon friends, family, donors, or political allies

1:33.1

who are not vetted through a regularized process designed to give everyone a fair shot without favoritism.

1:40.0

For example, in his last days in office, Bill Clinton pardoned his brother, Roger, and Mark Rich, often referred to as the fugitive financier because he fled the country after being charged with evading $48 million in taxes and engaging in multiple counts of tax fraud.

1:58.0

Rich's ex-wife had donated more than a million dollars to Democrats and to the fund

2:02.5

for the Clinton Presidential Library. Clinton was roundly criticized for doing so by Democrats and

2:08.2

Republicans alike. In the wake of the Clinton pardon scandal, subsequent presidents took care

2:13.6

not to be seen as similarly compromised and partial in their clemency decisions.

2:19.0

George W. Bush even revoked a pardon one day after giving it after he learned the recipient's

...

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