P.J. Ruckman

Another Ethics Issue Highlighted By Biden’s Hunter Pardon [Corrected]

/ Jack Marshall / 5 Comments

President Biden’s controversial and extreme pardon of his black sheep son did more than call into (further) question his honesty, integrity and trustworthiness. It also highlighted another ugly facet of his failed Presidency.

The power to grant clemency is enshrined in the Constitution is an important failsafe device against legal injustice.  When judges or juries convict an innocent person or impose an unjust sentence, often after unethical prosecutorial conduct, Presidents and governors, in the case of state crimes, possess the  irreversible power to either commute a sentence to issue a pardon, which wipes the slate clean and removes the conviction altogether. Sure the power, like all powers, can be abused, has been abused and will be abused, but it is still necessary. However, President Biden has used that power appropriately less frequently than any modern President, though our criminal laws have multiplied.

“Mr. Biden has granted 25 pardons and commuted the sentences of 131 other people, according to the most recent Justice Department data,” wrote law professors Rachel E. Barkow and Mark Osler in a September 2024 editorial in The New York Times. “That is a mere 1.4 percent of the petitions he has received, based on our analysis…Mr. Biden has issued fewer clemency grants so far than the 238—144 pardons and 94 commutations—issued by Mr. Trump during his first administration,” the Times’ Kenneth Vogel noted this week.

True, there is still time for Biden to do some good with his pardon and clemency powers, but he should have been using them all along. Biden is extending a pattern in which Presidents increasingly eschew the pardon power. “Between 1932 and 1988 the percentage of total cases acted on by the president that had been sent to him with the Justice Department’s blessing averaged around 30%,”  a 2015 piece by the Collateral Consequences Resource Center revealed. “The percentage of cases sent forward with a favorable recommendation dropped to single digits beginning with the presidency of George H.W. Bush, and it has dropped even lower in the past 15 years…The absolute numbers also tell a tale: President [Barack] Obama…granted more sentence commutations than any president since Richard Nixon, but fewer full pardons than any president since John Adams.”

Ah yes, Obama. He was a notable hypocrite on the matter of pardons. Continue reading →

Obama’s Quality of Mercy: Strained

/ Jack Marshall / 7 Comments

President Obama finally pardoned somebody who wasn’t a turkey last week, but not before he became slowest Democratic president in U.S. history to use Article II of the Constitution to right a judicial wrong or just exercise his power to demonstrate  the ethical virtue of mercy. His choices for pardons could not have been more tepid, however, prompting a withering blog post by Prof. P.S. Ruckman, who champions the pardon power, and keeps meticulous score.

Ruckman had predicted that Obama would end the pardon drought as soon as December hit, noting that recent presidents used the Christmas holidays as a convenient pardon prop. But he is outraged at the small number of pardons, writing,

“Can President Obama say “no?” Yes, he can! Continue reading →

Obama’s Halftime Pardon Score: Turkeys 2, Human Beings 0

/ Jack Marshall / 5 Comments

As of last Wednesday, President Obama has pardoned more turkeys than human beings. He has continued the cutesy presidential tradition of bestowing a presidential pardon on a turkey destined for the Thanksgiving table each November of his two years in office, but is approaching a presidential record for the most days in office before finding a U.S. citizen equally worthy of mercy and forgiveness.

There are reasons for this, but no excuse….not from a President who loaded up his White House with Czars overseeing every conceivable White House priority (Why no Pardons Czar?), not from a President who has criticized the disparate, unfair and racially-tinged penalties for crack cocaine over the powdered variety favored by the white middle class, not when are so many worthy candidates for mercy, most with families whose lives could be infinitely enhanced by the ten seconds it takes for Barack Obama to sign his name. Continue reading →