Great article, both subject & timing! I think a casein point here is Michael Cohen…..obviously he knew more than he told the SDNY, but he was angling for a pardon from his good old buddy DJT, so he lied, forgot, or just left out very important facts (dates, times, locations) to save something he could use as a bargaining chip for a presidential pardon from the Melon Felon in the White House. Denied he knew anything about the Epstein-Trump connection, then when caught red handed and confronted with actual evidence from the Eostein files document dump, he lies about Leticia James and Alvin Bragg, then runs back to daddy Donnie itching for a pardon in exchange for his silence! Pardon power needs reviewing and reworking at the very least! Thank you Jack, once again! You rock! 👍🥰❤️
Elizabeth, you’re putting your finger on the real poison: when people believe a pardon is possible...the truth becomes negotiable. They “forget,” they hedge...they hold back...because they’re saving leverage.
On Cohen specifics...for the moment, I’m careful without hard proof. I'll just say this, I'm doing some digging right now...and have made a few calls. If I get something productive, you can damn sure count on an article resulting from it.
But...for now...the incentive you’re describing is absolutely real, pardon power turns testimony into a BARGAINING CHIP. And that’s...exactly why it needs hard guardrails!
I’m not sure exactly but I believe if he was coerced to talk in trumps fraud conviction trials then Trump’s convictions might be thrown out. No longer the Felon in chief. Cohen, hoping for a pardon, is defined by this outstanding Hopkins explanation of human behavior and the machine of pardon power.
Skip, fortunately...Cohen’s testimony doesn’t erase convictions just because someone claims coercion. To overturn a conviction...you need real proof of improper pressure...and that it materially affected the verdict...then...it’s appeals court territory, not wishful thinking.
Your bigger point is spot ON: pardon power warps behavior. It turns people into negotiators...with their own truth.
Good information. Pardon requests should be documented and vetted throughly by a nonpartisan panel (not cherry picked by the president), and not solely by the president.
CC, exactly. If clemency is going to exist...it needs PROCESS...not a king’s whim.
A real fix looks like this: every request logged...full paper trail...mandatory disclosure of who lobbied...and a nonpartisan clemency panel with set criteria and a supermajority recommendation.
The President can still grant mercy...but NOT run a private protection racket.
Several days ago I asked a question on Blue Sky, do you know of one person trump has pardoned that actually deserved a pardon. No responses, but didn't really expect any. From insurrectionists to cons, murderers to drug dealers, child traffickers to pimps. His kind of people. (And I have no doubt in my mind that his sway over Bondi and Acosta gave Epstein his almost clear ride.)
Amend the Constitution for real guardrails. There are proposals introduced to limit the power (and ban self-pardons).
So...Congress can’t snap its fingers and stop pardons tomorrow. But... it CAN raise the cost...shine a spotlight...and push an amendment to keep “mercy” from becoming a protection racket.
By the way, I could have gone the rest of my life without knowing this stuff...and I've have been happy to stay immersed in psychology, human behavior...and the related ventures I've been thrilled to be a part of over the years. I really would have. But...here we are. ;)
The American experiment has always been a non-stop series of o-shit-now-what rewrites, retack, and blood. I love your ideas. Even Biden was a last-minute pardoner. Reactive. He needed to protect his family from the coming retribution. Should he have moved sooner? With committee? And say there's such a committee under the current regime? Who's appointed? What's to prevent a supermajority of hand-picked politbureau rats from rubber-stamping executive whim?
Great article, both subject & timing! I think a casein point here is Michael Cohen…..obviously he knew more than he told the SDNY, but he was angling for a pardon from his good old buddy DJT, so he lied, forgot, or just left out very important facts (dates, times, locations) to save something he could use as a bargaining chip for a presidential pardon from the Melon Felon in the White House. Denied he knew anything about the Epstein-Trump connection, then when caught red handed and confronted with actual evidence from the Eostein files document dump, he lies about Leticia James and Alvin Bragg, then runs back to daddy Donnie itching for a pardon in exchange for his silence! Pardon power needs reviewing and reworking at the very least! Thank you Jack, once again! You rock! 👍🥰❤️
Elizabeth, you’re putting your finger on the real poison: when people believe a pardon is possible...the truth becomes negotiable. They “forget,” they hedge...they hold back...because they’re saving leverage.
On Cohen specifics...for the moment, I’m careful without hard proof. I'll just say this, I'm doing some digging right now...and have made a few calls. If I get something productive, you can damn sure count on an article resulting from it.
But...for now...the incentive you’re describing is absolutely real, pardon power turns testimony into a BARGAINING CHIP. And that’s...exactly why it needs hard guardrails!
#HOLDFAST
-Jack
Wolff is the poster child for that, along with Maxwell. Wolff was even worse, he could have ended trump before this all started.
So true Sue!
I wait for your analysis on Cohen…..I’ve been watching him also. He’s a GLOAT for certain! Thanks for keeping me grounded and out of jail! #HOLDFAST
I’m not sure exactly but I believe if he was coerced to talk in trumps fraud conviction trials then Trump’s convictions might be thrown out. No longer the Felon in chief. Cohen, hoping for a pardon, is defined by this outstanding Hopkins explanation of human behavior and the machine of pardon power.
Skip, fortunately...Cohen’s testimony doesn’t erase convictions just because someone claims coercion. To overturn a conviction...you need real proof of improper pressure...and that it materially affected the verdict...then...it’s appeals court territory, not wishful thinking.
Your bigger point is spot ON: pardon power warps behavior. It turns people into negotiators...with their own truth.
Thanks for being here, Skip.
-Jack
Good information. Pardon requests should be documented and vetted throughly by a nonpartisan panel (not cherry picked by the president), and not solely by the president.
CC, exactly. If clemency is going to exist...it needs PROCESS...not a king’s whim.
A real fix looks like this: every request logged...full paper trail...mandatory disclosure of who lobbied...and a nonpartisan clemency panel with set criteria and a supermajority recommendation.
The President can still grant mercy...but NOT run a private protection racket.
-Jack
Several days ago I asked a question on Blue Sky, do you know of one person trump has pardoned that actually deserved a pardon. No responses, but didn't really expect any. From insurrectionists to cons, murderers to drug dealers, child traffickers to pimps. His kind of people. (And I have no doubt in my mind that his sway over Bondi and Acosta gave Epstein his almost clear ride.)
Does Congress have the power to curb this?
#HoldFast
Sue.
Sue, you nailed it about...clemency CAN be the last valve when Congress won’t fix stupid, excessive laws. That part is real.
But...can Congress curb Trump’s pardon power? Not directly by statute.
The pardon power is constitutional...and the Court’s long view is that Congress can’t “fetter” it with ordinary legislation.
What Congress CAN do is make abuse HARDER and RISKIER:
Force transparency (written reasons, who requested it, who lobbied it, what process was used).
Investigate + expose (subpoenas, hearings, records).
Prosecute “pardon-for-pay” if there’s quid-pro-quo bribery evidence (that’s already illegal...ENFORCE it).
Amend the Constitution for real guardrails. There are proposals introduced to limit the power (and ban self-pardons).
So...Congress can’t snap its fingers and stop pardons tomorrow. But... it CAN raise the cost...shine a spotlight...and push an amendment to keep “mercy” from becoming a protection racket.
By the way, I could have gone the rest of my life without knowing this stuff...and I've have been happy to stay immersed in psychology, human behavior...and the related ventures I've been thrilled to be a part of over the years. I really would have. But...here we are. ;)
-Jack
#HOLDFAST
The American experiment has always been a non-stop series of o-shit-now-what rewrites, retack, and blood. I love your ideas. Even Biden was a last-minute pardoner. Reactive. He needed to protect his family from the coming retribution. Should he have moved sooner? With committee? And say there's such a committee under the current regime? Who's appointed? What's to prevent a supermajority of hand-picked politbureau rats from rubber-stamping executive whim?
https://www.justice.gov/pardon/pardons-granted-president-joseph-biden-2021-2025