The Presidential Pardon Power: An Abuse Ripe for Constitutional Amendment
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It’s sheer coincidence that I’m writng hear on the same subject as my Los Angeles Times colleague Jonah Goldberg’s recent column: The crying need to amend the Constitution to do something about the much-abused presidential pardon power, the only unchecked power that a president has.
The fact that both Goldberg, a right-of-center commentator, and I, center-left, would near-simultaneously choose to vent on this topic – to call, in effect, for a national uprising against this presidential prerogative despite the evident difficulty of amending the Constitution – is telling: It’s a reflection of Americans’ across-the-spectrum disgust with how modern presidents have perverted it for personal and political benefit, usually on their way out the door.(Goldberg makes the case to get rid of the pardon power altogether. I would give Congress a veto, so presidents still can right actual wrongs of the justice system, as the founders intended.)
Yes, “both sides” are culpable. And yet, goldberg and I agree, one president has surpassed all others in the shamelessness of his pardons: Donald Trump. In just 10 months he’s built a track record sorrier then that of his first term, which is saying something, and elevated clemency reform to an imperative.
We can’t stop Trump before he pardons again. Nor,probably,would an amendment campaign succeed before (if?) he leaves office in January 2029. But Americans of all political stripes can at least join in getting the process rolling, if only to protect against future presidents’ abuses.
From his first day in office, when Trump granted clemency to nearly 1,600 rioters who beat cops and stormed the Capitol to overturn his 2020 defeat, already 20 times this year he’s either pardoned or commuted the prison sentences of additional scores of undeserving hacks, fellow election deniers, war criminals, donors, investors in Trump businesses and career criminals who just happen to support him. (Recidivism among Trump’s beneficiaries is proving a problem; among the new charges: child sex abuse.)
The clemency actions have come so fast and furious that they hardly register as the scandals that they are, especially as the news about them vies for attention with the manny other outrages of Trump’s presidency.
“No MAGA left behind,” Trump pardon attorney “Eagle Ed” Martin brazenly posted in May and again this month in announcing preemptory pardons for former Trump lawyer Rudy Giuliani and more than 75 other Republicans who were part of the fake-elector schemes to reverse Trump’s 2020 losses in battleground states, and also other efforts after the 2020 election to keep him in power.
Those grants were followed last weekend
Trump’s Pardon of Binance Founder Zhao Raises Concerns About Crypto Influence and Abuse of Power
The recent pardon granted by former President Donald Trump to Changpeng Zhao, billionaire founder of the cryptocurrency exchange Binance, has ignited controversy. Zhao served time in 2023 after pleading guilty to violating U.S. anti-money laundering laws, including facilitating transactions for terrorist organizations. This pardon,coupled with Binance’s notable investment in a Trump-family affiliated crypto venture and Trump’s claims of a politically motivated “witch hunt” against Zhao,raises serious questions about potential conflicts of interest and the appropriate use of presidential pardon power.
The Case Against Changpeng Zhao and Binance
Changpeng Zhao,known as “CZ,” founded Binance in 2017,which quickly became one of the world’s largest cryptocurrency exchanges. Though, Binance operated without adequate compliance measures, leading to significant legal issues. In November 2023, Zhao pleaded guilty to violating the Bank Secrecy act and agreed to resign as CEO of Binance as part of a settlement with the U.S. Department of Justice (DOJ) .
The DOJ alleged that Binance knowingly facilitated transactions for illicit actors, including terrorist groups, and failed to implement effective anti-money laundering controls. Binance was fined over $4.3 billion as part of the settlement. Zhao himself was sentenced to four months in prison .
Binance’s Investment in Trump’s Crypto Venture
Adding another layer of complexity to the situation is Binance’s $2 billion investment in a cryptocurrency startup linked to Donald Trump’s son, Eric Trump. According to a report by The Washington Post, Binance Ventures invested in DJT Digital, the entity behind Donald Trump’s collection of non-fungible tokens (NFTs) . This investment occurred while the DOJ was actively investigating Binance, raising concerns about a potential quid pro quo.
Trump’s pardon and Claims of a “Witch Hunt”
On February 13, 2024, Trump pardoned Zhao, citing claims that the case against him was a politically motivated “Biden witch hunt” . Trump made these claims during an interview with CBS News’ “60 Minutes.” Critics argue that the pardon undermines the DOJ’s efforts to combat financial crime and sends a dangerous message that those who facilitate illicit financial activity can receive leniency thru political connections.
Concerns about the Pardon power
The U.S. Constitution grants the President the power to pardon individuals convicted of federal crimes. However, this power is not absolute and has historically been subject to debate and scrutiny. The pardon power is intended to be used for restorative justice or to correct wrongful convictions, not to shield individuals who have admitted to criminal wrongdoing, particularly when it involves national security concerns.
The Zhao pardon has fueled calls for reform or even repeal of the presidential pardon power. Critics argue that the potential for abuse is too great, especially in cases involving financial crimes and political influence.
Key Takeaways
* CZ’s Criminal Activity: Changpeng Zhao pleaded guilty to violating anti-money laundering laws and served time in prison for facilitating illicit financial transactions, including those linked to terrorist groups.
* Binance Investment: Binance invested $2 billion in a crypto venture associated with Eric Trump while under inquiry by the DOJ.
* trump’s Pardon: Donald Trump pardoned Zhao, claiming a politically motivated “witch hunt,” sparking criticism and concerns about abuse of power.
* Pardon Power Debate: The case has reignited the debate over the scope and potential for abuse of the presidential pardon power.
Looking Ahead
The pardon of Changpeng Zhao is highly likely to remain a contentious issue,particularly as the cryptocurrency industry continues to grow and attract increased regulatory scrutiny. The incident underscores the need for greater transparency and accountability in the crypto space, and also a re-evaluation of the presidential pardon power to prevent future abuses.further investigation into the relationship between Binance,the trump family,and the pardon decision may be warranted to ensure that justice is served and the integrity of the legal system is maintained.