It’s Tuesday, the traditional day for elections and for our pause-and-consider newsletter on politics and policy. 

REUTERS/Joshua Roberts

THE PRESIDENT'S PARDON POWERS, EXPLAINED
By Lisa Desjardins, @LisaDNews ([link removed])
Correspondent

Of all the powers of the president, the power to pardon is one of the most sweeping and least restricted.

The Constitution states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment ([link removed]) .” Courts have backed up the president’s power of clemency ([link removed]) as something largely beyond the reach of Congress.

But, this is also a power that can be little understood. Following President Donald Trump’s commutation of his friend and GOP strategist Roger Stone’s three-year prison sentence on Friday, here is a look at how presidential pardons work and what we know about Trump’s use of the power.

Pardons vs. commutations

Let’s start with semantics. Because they are not intuitive here.
* The word “pardon” has dual meanings. It can be used broadly to refer to any clemency granted by the president. But, technically, a “pardon” is also a specific type of clemency. Under Department of Justice regulations, a person can only apply for a pardon five years after serving a sentence. Thus a “pardon” usually does not end one’s prison term, but rather restores rights, including voting rights, to someone who has served a full criminal sentence.
* Commutations, in contrast, are granted to shorten or end a criminal sentence that is underway or about to be served.
* Of course, there’s a “but”: The president has broad powers, and can go outside the Justice Department process to pardon anyone before a sentence is served or even before they are charged with a crime. Example: President Gerald Ford’s preemptive pardon of President Richard Nixon for any federal crimes committed during his presidency.
* Presidents face only one main limit to this power: They can only grant clemency for federal crimes. State convictions are outside of their reach.

Trump’s commutations

Trump’s record of commutations is unusual in two ways: the number he has issued at this point in his presidency, and the people who have received them.
* To date, Trump has issued 10 orders of commutation, freeing 11 people in total. (One order applied to two people.)
* That is the largest number issued by any modern president (going back to George H.W. Bush) at this point in his first term. It ties the number Ronald Reagan issued in his first four years.
* In comparison, Barack Obama had issued one commutation by his fourth year in office, George W. Bush had issued two, Bill Clinton three and George H.W. Bush three.
* Notably, at least one-third of Trump’s commutations have been to people with whom he had a personal or political connection, including those whose cases were pleaded by friends of the president. In that group with Roger Stone are former Illinois Gov. Rod Blagojevich, who appeared on Trump’s television show, “The Apprentice”; Alice Marie Johnson, whose case was personally brought to Trump by Kim Kardashian West; and Dwight and Steven Hammond, whose sentences led to a standoff in Oregon and who were a cause célèbre for some conservatives.

As a side note, Trump also has issued 25 pardons and at least a third of those have been individuals with a personal or political connection to the president.

Why does the president have this power?

Let’s go back to 1787. Alexander Hamilton first proposed the idea of presidential clemency, writing that he saw two needs for it. First, he was concerned that the justice system could be overly harsh. “The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel,” Hamilton wrote in the Federalist Papers, Number 74 ([link removed]) .

The other need was political. “[I]n seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth,” Hamilton also wrote, seeing the presidential pardon as a path to healing after a bitter fight within the country.

And that was indeed its first use. President George Washington issued the first pardons to forgive the leaders of the 1794 Whiskey Rebellion. In an address to Congress ([link removed]) , he stated that it was good to “mingle in the operations of Government every degree of moderation and tenderness which the national justice, dignity, and safety may permit.”

George Mason of Virginia argued against granting this ability to the president, convinced it was too much power in the hands of one person. But other founding fathers disagreed and pointed to two possible remedies if a president abuses the power — impeachment and the next election.

How difficult is it to get a pardon or commutation?

It’s incredibly difficult. Currently more than13,000 federal felons have requests for pardons or commutations waiting for action by the Justice Department and White House. That compares with just three dozen who have received clemency.


FIVE OVERLOOKED POLITICAL STORIES FROM THE PAST WEEK
By Ian Couzens, @iancouzenz ([link removed])
Politics production assistant

As November Looms, So Does the Most Litigious Election Ever ([link removed]) - July 7. Other than the large federal court cases frequently making headlines, scores of other pandemic-related election questions are being fought out in the lower courts. Why It Matters: Court rulings will affect access to voting in November and have the potential to seriously change not only the election process but election results. -- The New York Times

Republicans look into holding their convention outdoors ([link removed]) - July 9. President Donald Trump is currently considering two outdoor venues in Jacksonville, Florida, for the Republican National Convention, after rising coronavirus case rates in the area prompted fears among some high ranking party members. Why It Matters: The convention has been an area of conflict within the GOP, as many press to re-open the country and return to business as usual, while others are sounding alarms over the exponential increase in COVID-19 cases since shutdowns across the country were lifted. -- The Washington Post

NOAA officials feared firings after Trump’s hurricane claims, inspector general says ([link removed]) - July 9. An inspector general's report has found that miscommunication between top aides in Commerce Secretary Wilbur Ross’s office was to blame for the conflicting statement released by NOAA on September 6, 2019, in which they supported Trump’s false claims regarding the path of Hurricane Dorian. Why It Matters: Concerns about possible repercussions for correcting any statements by the president could affect agencies’ ability to perform critical tasks. -- The Boston Globe

California rejected 100K mail-in ballots because of mistakes ([link removed]) - July 13. Election officials in California are working to implement ballot-tracking tools as well as new policy to confront some of the issues with the mail-in voting system thighlighted by these issues with the presidential primary. Why It Matters: While that number of ballots going uncounted would likely not affect the results of the presidential election in November they could affect the outcome in some House races in swing districts. - Associated Press

‘Here’s your check’: Trump’s massive payouts to farmers will be hard to pull back ([link removed]) - July 14. Trump's trade war has spurred a farm industry bailout that has lasted nearly three years and has totalled $23 billion in subsidies, though the move was never approved by Congress. Why It Matters: Experts fear that these bailouts could create a culture of dependency within the farming industry, and are also concerned about the size and frequency of the subsidies, which have caused the Trump administration to spend more than double that of previous administrations. -- Politico


#POLITICSTRIVIA
By Kate Grumke, @KGrumke ([link removed]) and Lisa Desjardins @LisaDNews
Politics producer

On this day in 1798, President John Adams signed a hugely controversial Act into law. It was part of a bundle of laws passed when the U.S. was on the brink of war with France. This law made it a crime for Americans to “print, utter, or publish ... any false, scandalous, and malicious writing.” The law was one of the first tests of the limits of the First Amendment and backlash to the law contributed to Adams, a Federalist, losing the presidency in 1800 to a Republican challenger.

Our question: What was the Act that John Adams signed into law on this day in 1798?

Send your answers to [email protected] (mailto:[email protected]) or tweet using #PoliticsTrivia. The first correct answers will earn a shout-out next week.

Last week, we asked a two-parter: Name the national park first protected on July 8, 1916, and name its home state, which we mentioned was one that splits its electoral votes. We also noted the answer had a vacation theme.

The answers: the state of Maine, whose nickname is “Vacationland,” and the great Acadia National Park. Acadia was first set aside as federally protected land in 1916, then designated as “Sieur de Monts” National Monument. When it became a national park in 1919, it was the first east of the Mississippi River.

We received an avalanche of responses, including from many Mainers. Congratulations to our winners: Robert Schmid and Katherine Hoyt!

Thank you all for reading and watching. We’ll drop into your Inbox next week.
[link removed]


** Sessions fights for old Senate seat in Alabama, and other races to watch
------------------------------------------------------------

============================================================
Copyright © 2020 NEWSHOUR LLC, All rights reserved.

Our mailing address is:
3620 South 27th Street
Arlington, VA 22206

** unsubscribe from this list ([link removed])
** update subscription preferences ([link removed])