Everyone Gets A Pardon!

Glenn Kirschner of Justice Matters dissects Donald Trump's announcement of mass pardons at the end of his presidency, challenging the notion that the presidential pardon power is absolute. Drawing on legal precedent and constitutional principles, Kirschner argues that while the pardon power is broad, it is not unlimited. He cites Supreme Court rulings, such as the 1915 George Burdick case, which established that a pardon cannot be forced upon someone, as a constraint. He also highlights critical legal gray areas: whether a president can issue anticipatory pardons (like Gerald Ford’s pardon of Nixon), sell pardons, or pardon individuals who have committed crimes at the president’s direction. Kirschner emphasizes that without clear laws or court precedents, these actions could constitute constitutional abuses. He calls for a post-Trump legal reckoning, urging future prosecutors to criminally indict those who received corrupt pardons and challenge each one in court, confident that federal courts—and ultimately the Supreme Court—will uphold the rule of law. The episode closes with a message of hope, asserting that democracy is worth fighting for, even amid current threats.