Pardon Power: How The Pardon System Works-And Why

by Kim Wehle, Kimberly Wehle

Overview

The president's power to pardon federal crimes is immense, with roots in ancient notions of mercy and amnesty. However, this power, seemingly boundless under the Constitution, lacks clear constraints, inviting concerns about abuse. Recent discussions in the U.S. Supreme Court have raised alarms about the potential for presidential abuse of pardons, highlighting the need for accountability within the pardon system to uphold the foundational premise that no one is above the law.

Pardon Power: How the Pardon System Works— and Why, Kim Wehle explores the historical context and contemporary challenges surrounding the presidential pardon. Wehle contends that any pardon undermining the principle of accountability before the law, including self-pardons, cannot be constitutionally justified. Urgent recognition of the necessity for guardrails around the pardon power is essential to safeguard American democracy.

Product Details

ISBN-13:	9781954907508
Publisher:	Woodhall Press
Publication date:	09/02/2024
Pages:	200
Product dimensions:	6.00(w) x 9.00(h) x 0.70(d)

About the Author

Kim Wehle is a constitutional scholar and tenured professor of law at the University of Baltimore School of Law. She was formerly an assistant United States Attorney and an associate counsel in the Whitewater investigation. Professor Wehle is also a legal expert for CBS News, a contributor for BBC World News, and a regular guest on NPR's Morning Edition. She also writes for The Atlantic, Politico, The Hill, and The Bulwark. The author of How to Read the Constitution-and Why, she lives in Chevy Chase, Maryland with her children.

Editorial Reviews

"A thoughtful and painstaking work of legal scholarship."—Kirkus Reviews

“Like all discretionary authority, the pardon power is only as virtuous as the person who controls it. Kimberly Wehle demonstrates that it can be a righteous tool to remedy wrongful convictions, reduce excessive sentences, and recognize extraordinary rehabilitation, but it also can be used to obstruct investigations, benefit political allies, and reward people for paying the President’s friends. Professor Wehle’s timely book illuminates a vast constitutional power likely to be debated during the 2024 presidential campaign and beyond.” —Rod Rosenstein, Deputy Attorney General, Trump Administration

“In Pardon Power, Kim Wehle debunks the orthodoxy that the President’s pardon power has no limits and argues persuasively that its use for corruption has no place in our system of laws. A must-read for those who care about the fate of American democracy.” —Charlie Sykes, MSNBC contributor/columnist and author of How the Right Lost Its Mind

“In sharp, accessible prose, Kim Wehle traces the President’s pardon power from its historical origins to its looming implications for democracy today. This book is a vital contribution in a critical time where we must look to strengthen the guardrails against corruption.” —Mimi Rocah, former federal prosecutor and Division Chief, U.S. Attorney’s Office, Southern District of New York
 
“PARDON POWER reads like a crime thriller and a mystery novel. It is a compelling read and I recommend it to everybody.” —Glenn Kirschner, NBC/MSNBC legal analyst & host of “Justice Matters”

“Is the quality of mercy strained? According to Kim Wehle, the answer is yes, at least in the context of today’s political and legal landscape. Taking the reader on a fascinating historical journey from the ancient holy scriptures to January 6, Wehle highlights how an ecclesiastical instrument intended to correct for ‘unfortunate guilt,’ in the words of Alexander Hamilton, can (and has) become weaponized by occupiers of the Oval Office intent on subverting the rule of law. Wehle’s analysis is a must-read for anyone who cares about creating transparency and accountability in one of the most awesome powers of the presidency, and bringing it back in alignment with the Framers’ original vision.” —Asha Rangappa, Former FBI Agent, Former Associate Dean at Yale Law School, and Senior Lecturer at Yale University

"Kim Wehle’s new book answers all the questions about the president’s pardon to power, and rejects self-pardons as unconstitutional. A compelling and important book that arrives at exactly the right time."—Glenn Kirschner, Former career federal prosecutor, NBC News/MSNBC legal analyst, host of Justice Matters YouTube channel

From the Publisher

2024-09-13
Wehle delivers a critique of the unchecked presidential power to pardon.

The author astutely observes that when the presidential power to pardon was ratified in 1788 (enshrined in Article II of the United States Constitution), it granted more power to the executive branch than was currently wielded by King George III. While generally unchallenged, the power is a peculiar one when understood within the context of a constitutional republic characterized by governmental limitations and checks and balances—Wehle describes it as “a gaping level of unconstrained power.” Of course, there were reasons for this remarkable endowment of prerogative; it allows for the expression of mercy and the granting of amnesty, and the ability to “to address fragile political situations that traditional diplomacy or the rule of law cannot outpace” can be politically expedient. However, Wehle convincingly argues that the “enormous risks of abuse” outweigh the potential benefits, asserting that such a mandate naively assumes a “fairness and integrity” with respect to the one who exercises it. In this intellectually challenging study, the author traces the complex history of the pardon power—as exercised by kings, parliaments, and clergy—and diligently charts its excesses. She recognizes the great hurdles to reforming it, chiefly the need for a constitutional amendment. There are ways to curb its abuse, she avers, including making pardon power subject to increased transparency and constraining the lobbying for pardons from presidents. Wehle’s prose is impressively lucid and accessible, particularly welcome virtues given the technical nature of the subject matter; none of her arguments presuppose that readers have specialized backgrounds in either law or American history, though either would be helpful. At the very least, she poses a provocative challenge to what is often seen as an “unlimited and sacrosanct” convention and manages to “reveal that the pardon power deserves attention and cannot be whisked atop a pedestal on the blithe assumption that the Constitution (for presidents, at least) unequivocally says this power is acceptable.”

A thoughtful and painstaking work of legal scholarship.

Kirkus Reviews