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Talking Feds

Pardons Here, There, and Everywhere

Talking Feds

Harry Litman

Election, Government, January 6, Politics, Merrick Garland, Law, Harry Litman, Trump, News, Legal

4.84.1K Ratings

🗓️ 19 December 2024

⏱️ 43 minutes

🧾️ Download transcript

Summary

Harry talks with law professor and former prosecutor, Kim Wehle, one of the country’s foremost experts on the pardon power. They begin with some historical precedent to situate the pardon power and its contours within the American justice system. From there, they move onto the controversy involving Hunter Biden’s pardon, which Professor Wehle and Harry see as an overall conventional use of the power given that no one has contradicted that Hunter Biden was singled out for harsher treatment based on his father. The two then dig deep into the the prospect of a numbrella, pardons by Biden of the targets for retribution that Trump and Patel have announced, and the particular way to frame such an action to insulate it from subsequent challenge. Finally, Professor Wehle and Harry discuss the prospect of pardons by Trump for the January 6 marauders; however vexing that may be politically, and however out of the mainstream of historic pardons, Trump likely has the raw power to do it.

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Transcript

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0:00.0

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0:06.0

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0:24.5

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0:37.0

Welcome to Talking Fed's one-on-One, deep-dive discussions with national figures

0:43.0

about the most fascinating and consequential issues defining our culture and shaping our lives.

0:50.6

I'm your host, Harry Littman.

0:53.1

Welcome to another Talking Fed's one-on-one.

0:56.1

There is lots of talk these days around the subject of pardons, President Biden's of his son, Hunter,

1:05.3

the possibility of a wholesale kind of set of prospective pardons or protective pardons.

1:12.2

We can talk about the name.

1:14.5

Trump's a vowel that he will from early on in office issue pardons of the one six marauders.

1:21.8

So I wanted to get a better fix on both the specifics and the general, and there's only one place to go. That would be

1:30.1

Kim Wellie. She's a professor at the University of Baltimore School of Law, and you may well have

1:35.1

seen her because she's a legal contributor for ABC, writes regularly for Politico, the Atlantic,

1:40.6

and the ballwork. But Kim was a former AUSA and also an associate independent council in the

1:47.6

Whitewater investigation. So has sort of rich and broad experience and author of many books as a

1:55.6

professor in the most recent being, Pardon Power, how the pardon system works and why. Kim, thanks a lot for being with us.

2:02.7

Thanks for inviting me, Harry. Happy to be here. Okay, you know, let's try to exploit your expertise a little

2:08.1

before cutting to the chase of the current issues. Where's the pardon power kind of emerge from?

2:16.0

Is it in every liberal democratic society? Is it always with

2:21.3

the executive? What's its core and origin? Its core and origin goes back to ancient Babylonian

...

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