October 1992 · National edition

The Nation

The Week in Pardon Power

A The Nation desk reading of pardon power, filed 1992-10.

From the file. Written for the paper dated October 1992. Opened in the public stacks July 14, 2026.

In the annals of American governance, few powers are as controversial and misunderstood as the presidential power to grant pardons. As we delve into the recent developments surrounding this authority, it becomes evident that both sides of the political spectrum have developed a selective memory regarding its implications and applications.

U.S. Army's 1ST LT. Albert E. Quaye (right) of the 497th Engineering Company talks with LT. j.g. Michael A. Read (left) and LT. j.g. Donald D. Naiser of the Nav
U.S. Army's 1ST LT. Albert E. Quaye (right) of the 497th Engineering Company talks with LT. j.g. Michael A. Read (left) and LT. j.g. Donald D. Naiser of the Navy's Amphibious Constr - DPLA -. Photo: National Archives

The Bipartisan Tradition of Pardon Power

The upcoming presidential election has thrust the issue of pardon power into the spotlight once more. As candidates from both parties take to the stage, they are quick to highlight their opponents’ missteps while conveniently overlooking their own party's historical misdeeds. This bipartisan habit of selective memory often leads to a distorted view of the legitimacy and ethics surrounding pardons.

For instance, in recent weeks, the Democratic nominee has criticized the incumbent president for his controversial pardons, claiming they undermine the rule of law. Yet, it is essential to remember that previous Democratic administrations have wielded this power with equal fervor, often to absolve allies or bolster political capital. One cannot forget the infamous pardons issued by President Jimmy Carter, which sparked outrage among many Americans, particularly regarding the Vietnam War draft evaders.

Arnold Schwarzenegger on Capitol Hill for an event related to the President's Council on Physical Fitness and Sports
Arnold Schwarzenegger on Capitol Hill for an event related to the President's Council on Physical Fitness and Sports. Photo: Library of Congress

The Right's Reaction

On the other side of the aisle, Republican leaders have been quick to condemn pardons that appear politically motivated. However, they too are guilty of their own selective memory. The legacy of President Ronald Reagan includes a series of controversial pardons, particularly those related to the Iran-Contra affair, which many believe were meant to protect key figures in his administration rather than uphold justice. In this light, the right’s current indignation over selective pardons rings hollow when viewed through the lens of their own past actions.

"The power to pardon is a double-edged sword that can both heal and harm." - Political Analyst

The Public's Perception

The American public's perception of pardon power is equally muddled. Many citizens view pardons as a means of justice, a way to rectify past wrongs or show mercy. Yet this benevolent interpretation often ignores the potential for abuse. As the nation debates the appropriateness of certain pardons, it becomes clear that the average American’s understanding is often simplistic, failing to grasp the complex interplay of political maneuvering and moral considerations.

The media's role in shaping this perception cannot be underestimated. Headlines often sensationalize the most controversial pardons, leading to a public outcry that demands accountability. However, this immediate reaction tends to overlook the broader implications of pardons as a tool of governance. It is a rare occasion when the discourse includes a nuanced discussion of the ethical implications and historical precedents of presidential pardons.

The Need for Reform

As we navigate this contentious landscape, it becomes evident that the system surrounding presidential pardons is in need of reform. Proposals have arisen advocating for increased transparency in the pardon process, allowing for public input and scrutiny. Such measures could help to mitigate the partisan divide that currently governs the discourse and promote a more consistent application of this significant power.

However, calls for reform are frequently met with resistance. Many politicians fear that increased oversight could hinder their ability to utilize pardons for political gain. This reluctance to embrace change underscores the entrenched nature of the bipartisan habit of selective memory - both parties are reluctant to relinquish their grip on a power that can be wielded to their advantage.

Conclusion: A Call for Accountability

As we approach the election, it is crucial for voters to hold candidates accountable for their positions on pardon power. Acknowledging the historical abuses on both sides of the aisle is essential to fostering a more honest dialogue about its implications. The American public deserves leaders who are willing to confront the complexities of governance rather than engage in a game of political one-upmanship.

The power to pardon is a double-edged sword that can both heal and harm. It is high time that we demand accountability from our leaders, urging them to break free from the shackles of selective memory and engage in a meaningful discussion about the future of this powerful tool.

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