Pardons
32 Articles
A Commander’s Duty to Punish War Crimes: Past U.S. Recognition
A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
Why a Self-Pardon Is Not Constitutional
The 2020 election results are in. Joseph R. Biden, Jr. is the President-Elect of the United States of America. Sometime before January 20, 2021, Donald Trump will recognize the…
Manafort’s Reward: Sen. Ron Johnson and the Ukraine Conspiracy Investigation: Part II
How Senator Johnson’s efforts have worked in tandem with Paul Manafort’s efforts — as the former Trump campaign chair has likely remained silent in exchange for a pardon.
Is the Pardon Power Unlimited?
Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.
Pardoning Roger Stone Could Itself Be an Unpardonable Crime
In addition to being a brazen abuse of power, a pardon could put both Trump and Stone at risk of further criminal liability for conspiracy to obstruct justice. And, in doing so,…
Post-9/11 Veterans Have Mixed Feelings About Trump’s War Crimes Pardons
In order to better understand how to think about this controversial decision, Iraq and Afghanistan Veterans of America (IAVA) conducted a flash poll this week, with over 1,600…
The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code
"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness
Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
When the Pardon Furthers the Conspiracy: Limits to the Pardon Power
As the special counsel investigation into Russian interference in the 2016 election continues to close in on President Donald Trump and his closest advisors, there have been reinvigorated…
Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump
The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…
Response to Reader Questions on Manafort Pardon
Editor’s note: Last week, Alex and Ryan wrote a Op-ed in the New York Times and an accompanying piece at Just Security dissecting the strategy and implications of President…
Charting How Pardons and Obstruction of Justice Works
The president’s pardon power serves as an important corrective to the criminal justice system, but it can also be abused, like any government power. President Donald Trump appears…