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The Counsel

Presidential Pardons & the Death Penalty (with Rachel Barkow)

The Counsel

Some Spider, Inc.

Politics, News

4.6848 Ratings

🗓️ 6 December 2024

⏱️ 8 minutes

🧾️ Download transcript

Summary

In this excerpt of CAFE Insider, CAFE Contributors Elie Honig and Rachel Barkow discuss how President Biden and former president Trump have used the pardon power. In the full episode, Elie and Rachel break down President Biden’s decision to pardon his son, Hunter Biden, and President Biden’s track record with the death penalty. This is the latest installment in a series of special episodes exclusively for members of CAFE Insider. Each week, Elie Honig and special guests will tackle one major legal or policy issue, helping you stay informed. For a limited time, get 40% off your membership for the first year, by heading to cafe.com/November. You’ll get access to two full episodes of the podcast each week and other exclusive content. This podcast is brought to you by CAFE and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey folks, Ellie Honig here. On this week's show, we've got a great topic for you. We're talking

0:06.8

about the presidential pardon power. Of course, this subject is receiving an awful lot of attention

0:13.0

after President Joe Biden's controversial pardon of his son, Hunter. And with Biden's presidency

0:19.1

coming to an end, there are all sorts of questions about

0:21.8

whether and how he'll use the pardon power and the clemency power in other cases. For example,

0:27.3

will he commute the sentences of the 40 or so people who currently are on federal death row?

0:34.1

At the same time, there's an ongoing debate about whether the death penalty should be outlawed altogether. With me, today is the perfect guest for this conversation, Rachel Barco.

0:43.4

You all know, Rachel, she's a cafe contributor, and she's a professor at NYU Law School. She

0:48.4

previously served on the United States Sentencing Commission, and she's an expert on criminal

0:53.0

justice and the president's

0:54.4

pardon power. If you're already a member of Cafe Insider, head on over to the insider feed

0:59.7

to listen to our full conversation. Listeners of the council remain here for an excerpt

1:05.2

from my discussion with Rachel. To become a member of Cafe Insider and get access to two new podcast episodes each week,

1:13.2

head over to cafe.com slash insider pod. That's cafe.com slash insider pod. You can try

1:20.1

the membership for just one dollar for one month. That's cafe.com slash insider pod. Now,

1:26.4

on to the show.

1:33.6

So obviously you are a proponent of a broad use of the pardon power. Maybe not, I don't want to

1:39.7

state it too broadly, but right now you seem to believe there are hundreds and more maybe people

1:45.8

who deserve pardons. What broad categories of people would you like to see pardoned in the

1:51.6

remaining weeks of the Biden administration? So first would be the people that have that

1:55.6

positive recommendation from having gone through the process. I think all those should be granted.

2:00.0

There is no reason for those to be second-guessed.

...

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