When Presidents pardon members of the public,is that acceptable? Is it not against the spirit of the separation of powers?
No; it accords with the constitutional description of executive power.
Actually I had imagined it was a power to be exercised sparingly in the dying ("posthumous" ) days of the presidency.Seems I was wrong.
Tradition is as tradition will, but traditions take two: One to insist on tradition and another to recognize and abide. Pardon power is available every day of a presidency, but American conservatives depend on pretenses of tradition in order to violate those traditions. These days, running through the list of Republican complaints when a Democrat is president and then comparing that to the Republican presidency, we have to recognize that our conservative neighbors were lying the whole time as they pitched their fits about Barack Obama and his administration. To wit, every politician commits ritual stupidity, including ambassadorships and pardons as political favors for partisan friends and fundraisers. A lot of us chuckle about Republican abuse of the word "unprecedented", especially since they elected a president who can't even spell it, but part of the problem is that a bunch of this stuff is somehow believable, and in large part because Barack Obama was the first black president and Hillary Clinton would have been the first female president. Remember, no matter how many photographs we have of white presidents doing this or that—no jacket, feet up, &c.—it was always an
unprecedented outrage the black guy committed, and there really must be a reason people who have lived through prior presidencies believe such bullshit.
The symbolic value of the Arpaio pardon
feels unprecedented, but it probably, as a matter of device and function, isn't. It is always hard to say we do not wish to detract from certain obvious values—such as the spectacle of an American president throwing in with white nationalism and sworn enemies of the United States of America—but it really
is important, when these things come up, to recall Republican complaints about presidential ethics in recent years: Donald Trump is emblematic of pretty much everything they were complaining about; now that we know they didn't mean it, we should remember that detail for the future. Then again, we didn't really remember it so well, last time, when they freaked out about the equivalent of twenty-two personal emails a day, including household business and subscriptions, despite actually
wanting people to
not look at the
twenty-two million missing emails that we know contain information relevant to potential crimes involving labor practices and an apparent betrayal of the United States of America, as well as some stuff that might have explained about who zoomed who in order to run the U.S. into a disastrous war in Iraq.
There is a reason the fact of Republicans electing a white nationalist president who uses his authority to pardon a law enforcement officer defying the U.S. Constitution—which both sheriff and president alike have sworn to uphold—in order to exploit authority toward racist self-gratification feels really, really important and very nearly bellwether; it is. But neither can we overlook this striking evidence that when Republicans complain about the Beltway, we ought to be cautious enough to
never take them at face value.
Prominent conservatives, and even many conservatives in our mundane lives, will attempt to express what they think are "politically correct" sentiments, but this really
is #WhatTheyVotedFor; and you can always tell because they will attempt to hide within their own windmill assertion of political correctness, which in turn is just a means of changing the subject.
Trump is everything Republicans pretend to loathe about politicians, and everything they hope for in the ones they elect. Well, nearly. They would like him to be more tactical about it all, but part of the problem has to do with President Trump just not being smart enough.
The partisan pardons are traditionally saved for the end of a presidency, like Bill Clinton's infamous pardon for disgraced financier Marc Rich. I am, in truth, uncertain when and how the pardons for enemies of the U.S. Constitution fit into the scheme.