Friday, February 21, 2020

Presidential Pardon Controversy

On Tuesday, President Donald Trump pardoned several people who were convicted of white-collar crimes(crimes that are financially motivated and non-violent) and among those who were pardoned was the former governor of Illinois, Rod Blagojevich. 8 years ago, Rod Blagojevich was convicted on numeral federal charges that included his attempt to sell Barrack Obama's vacant seat in the Senate after he became president. President Trump spoke to reporters about his reasons to pardon Rod Blagojevich, "He served eight years in jail, a long time. He seems like a very nice person, don't know him(Trump)." Under Article II of the Constitution, it is stated that the president has this unique power of pardoning people. The president does not need approval from anyone to pardon someone, it does not pass through congress nor does it pass through anything else; the president is completely in control of who does and doesn't pardon. Others who were pardoned include former San Francisco owner Edward DeBartolo who pleaded guilty in 1998 for failing to report that he was extorted. Commissioner Bernard Kerik who committed tax fraud and made false statements and Michael Milken who pleaded guilty to felonies involving securities and tax fraud are just some of the white-collar criminals who got pardoned by President Trump. President Trump's motives were questioned and it's being questioned whether he was looking to soften how the public viewed these crimes. With the power to pardon, President Trump does not have to depend on others to decide who should and shouldn't get pardoned. Brian Kalt, a Law Professor at Michigan State University said, "He just declares it and it happens, and it's a guaranteed headline(Kalt)." The presidential pardon has allowed many people to leave jail much quicker than they should have according to the sentences they were given. Read this article and answer the following questions:

Do you think the people who committed the white-collar crimes(tax fraud, bribery, etc.) and got pardoned by the president should've been pardoned? Why or why not?

Do you think the president should have the constitutional power to pardon? Why or why not?

Do you think presidential pardons could be used in a corrupt way? How could it or How could it not?

Have you ever felt like you got away with something that deserved to have a greater punishment than you received?

14 comments:

  1. I believe it is okay for the President to commute long term sentences for white-collar crimes, but it is unfair if the President pardons a person for committing a crime as soon as they are convicted. For a person such as Rod Blagojevich, who served 8 of his 14-year sentence for attempting to sell Barrack Obama’s senate seat, it is okay for the President to commute his sentence. Blagojevich made some bad mistakes; however, “he served eight years in jail, a long time” (Kruzel) and shouldn’t have to serve 14 years in prison for crimes in which no one was hurt. On the other hand, for a person recently convicted of a white-collar crime, they should face some jail time and shouldn’t be pardoned instantly. Overall, white-collar criminals should face punishment without devastating jailtime.

    I believe the President should have the right to pardon. The pardon provides checks and balances against the judiciary system. When the judiciary system is too harsh with jail time, the President has the power to make matters just. The President should have the ability to pardon rather than congress or the senate because voting to approve pardons could be political. The President can have the power to pardon as long as he is fair and not corrupt.

    Presidential pardons could turn into a corrupt system. Perhaps a person convicted of a crime could bribe the President with political information. If the President is corruptly pardoning people, this could lead to impeachment. If the President is abusing power, it will be apparent to the public. Abuse of power or corruption in thew pardoning system could result in impeachment or loss of power.

    One time I was playing games on my phone when my dad told me I had to put the phone away and that I was using it too much. I continuously kept pulling out my phone playing games until my dad took the phone away and said it was gone for a day. He ended up giving the phone back an hour later. I thought that instance was similar to a presidential pardon.

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  2. I don’t think that these criminals should have been pardoned, as they have committed crimes and should serve the right amount of time for them. Even if the people that were pardoned had committed white collar crimes that were nonviolent, they are still criminals and shouldn’t be pardoned without any good reasons. In this scenario, President Trump's motives were pretty questionable, as he didn’t have much reasoning behind pardoning these people. Even if the crimes that were commited are relatively harmless ones, these white collar criminals should still serve the required amount of time.

    I agree with Rhys that the president should have the power to pardon criminals, as it keeps the judiciary system in its place. One may say that a single person shouldn’t have this kind of power, as they could be corrupted or bribed. However, although the president has the ultimate decision, they aren’t likely to make the decision to pardon somebody without consulting other people and thinking through it for a long time.

    Like I said earlier, Presidential pardons could become corrupt, as the president can make the desicion to spare a person from jail time without the consent of anybody else. However, the president probably wouldn’t spare somebody without asking other people and thinking through his desicion. If the president were to pardon a person who didn’t deserve to be spared, the public may turn against him or her. Therefore, any good president would be pretty cautious while thinking about pardoning somebody.

    I’ve had times where I have been spared of punishments. An example of this is when I make fun of my younger brother. He usually snitches on me, and I get my phone taken away for some amount of time. Most of the time, my parents say they’ll take my phone for like a day, but end up giving it back to me in an hour or so.

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  3. 1. I agree with Graham, these people committing white-collar crimes should not be pardoned. Although these criminals are taking actions without using violence they still need to be punished for what they have done. Trump should only be allowed to pardon people for their wrongs doings when their crime genuinely shouldn't be given punishment. However, in these few cases his reasons for doing so are very questionable, in the case that he might just want a better reputation. Overall, these crimes shouldn't be taken lightly, and they should not be pardoned by President Trump.

    2. I believe that President Trump should have the right to pardon crimes. Although Trump has recently pardoned some crimes which deserved punishment, in many cases the right to pardon is necessary. However, it is important that a filtration system remains or is installed, therefore only crimes which truly deserve to be pardoned will, rather than trump having the ability to pardon any crime at will.

    3. I believe that the system of pardoning could become corrupt. For instance, if Trump has someone doing work for him illegally and they are convicted of their crime only to be pardoned by trump would be completely unjust. I agree with Graham that it is necessary for more than one person to agree with the president's decision to pardon someone before it is carried out.

    4. Yes, I have gotten away with something in which I felt that I deserved greater punishment. Although I have not suggested greater punishment during these times, what I had done has remained with me consciously. Despite this I still feel that those who commit crimes and are unfairly pardoned deserve greater punishment than their crimes haunting them subconsciously.

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  4. 1. I agree with Graham, I don't think that President Donald Trump should have pardoned these people for committing white-collar crimes. People like Rod Blagojevich should have to serve their actual prison sentence not get out early. Trump is setting a bad example by doing this, he is saying that it is okay for some people to commit white-color crimes if they are powerful they will get off early. There is not a good reason that Trump gave for pardoning these people, they are criminals even if it was non-violent and it is unfair to others for a select few to get off early. It is still okay for the President to pardon people, the people just have to find a President that will use this power for the right reasons.

    2. The President of the U.S. should have the right to Pardon people to help people who have been given too long of a jail sentence. This is a power that the President has that he can do a lot of good with, but the people he pardoned recently were not the kind of people that should be pardoned. Like Rhys said the President having this power checks the judicial system if they are giving too long of sentences. I think that the President should have to give a reason for everyone he is pardoning before it can be done.

    3. I think the Presidential power of pardoning defiantly can be used in a corrupt way. The President doesn't have to go through anyone else to pardon people so he or she can use the power whenever they want. This could cause the President to start abusing their power and it would become completely unjust. A good President would be responsible with this power, and use it to help people rather than him or herself.

    4. I think I have gotten away with something that I deserved more punishment for. Sometimes I will do something that makes my parents angry or mad at me, in return for this they say they will punish me but sometimes it will end up being less of a punishment then they first wished.

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  5. 1. I agree with Graham that the president should not have pardoned these criminals. The crimes committed by the people the President pardoned were still very serious. More importantly, though, it doesn’t seem like President Trump provided any real reasons that he pardoned or commuted sentences. In the article, it says that “the White House portrayed it as an act of mercy.” I think that a president should only pardon a person if there is true and unanimous evidence that a criminal received a harsher sentence than they deserved, or that they were wrongly convicted. In this case, The White House didn’t provide any comprehensive evidence or reasoning behind any of the pardons.

    2. The President should have some way to pardon, but it should not be as easy as it currently is. I think they should not have the only opinion on whether someone is pardoned. A good way to reform the power to pardon would to require the House and the Senate to hold a majority vote declaring that a person, or group of people, should be pardoned. This could be slower than the president simply declaring whom they think should be pardoned, but it would be a much more thorough system.

    3. Presidential pardons, in their current form, can absolutely be used in corrupt ways. The President can pardon anyone, and since this is such a powerful ability, there are many ways that it could become corrupt. The President could pardon someone solely for the reason of gaining that person’s political support. In fact, one could speculate that is exactly what happened with Rod Blagojevich, especially since he is a member of the Democratic Party and is now supporting Trump. Additionally, the president could be bribed with money or information and in return pardon someone. Both of these are examples of corruption because the president would be using the power of pardoning for his own gain instead of using it to reverse unjust sentences.

    4. Sometimes I feel as though my parents have punished me less than I deserved for my actions because I am the younger sibling. When my sister and I were younger, she would often get punished more for the same type of mischief. I also feel like since my sister was around before me she was able to slowly normalize certain behavior she was originally punished for. That includes staying up later or staying on electronics for longer amounts of time. Over time, my parents became less strict on these issues, so I never received the same punishments my sister originally did.

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  6. I agree with Graham, that these criminals should not have been pardoned. Although the white-collar crimes are non violent, they are still illegal crimes, and those who performed them should serve the consequences for their actions. President Trump should not have the ability to pardon people alone, he should have to hear others' opinions before the plan is put into action. Trump's movies were also very questionable, as some are specticle to if his reasons behind these actions were only to boost his reputation. These crimes should not go unseen, as they are more severe them Trump has made them seem.

    No, Trump should not have the power to pardon. As I mentioned in the response above, Trump should be required to hear other opinions before his actions are performed. Through these white-collar crimes, we have discovered Trump's real motives, as his ability to respond to crimes correctly is questioned. His ability to pardon crimes should be removed.

    Yes, I think that presidential pardons could be used in a corrupt way. President Trump, has an extreme amount of power when pardoning crimes, he doesn't need the consent of anyone else besides himself. The public is already skeptical of Trump, and his reasons for pardoning these crimes. One wrong move or dishonest action could cause presidential pardons to be corrupt.

    Yes, I have gotten away with something that deserved a greater punishment. Although I rejoiced during that time, I still regret the actions I performed. Regardless of my experience, I believe that these crimes should serve a greater punishment than Trump has given them.

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  7. 1. I agree with Ryhs. I think that it was alright that the President pardoned some people who had served long sentences for white collar crimes, but it isn’t okay to pardon somebody who hasn’t served any time in prison yet. Rod Blagojevich served 8 years in prison which is a lot of time to serve for a white collar crime where nobody was hurt. The average time served for rape is 5.4 years which can scar somebody for life while Blagojevich’s sentence was 14 years. In this case where Blagojevich served 8/14 years it was okay to pardon him.

    2. I think that the president should have the right to pardon, but it should be used in the right way. When the judiciary system gives somebody an unfair sentence the president should have the right to pardon the person after a certain amount of time. As long as the president is using his right to pardon in the correct way then the president should have the right to pardon.

    3. Presidential pardons could be used in a very corrupt way. The president could pardon anyone so he could use the pardon to free his political allies if any of them were convicted. In addition somebody can bribe the president to pardon them which would be very corrupt. Any smart president would realize that abusing the power to pardon could lead to their impeachment so they wouldn’t use it in a corrupt way.

    4. I have definitely gotten away with something that deserved a greater punishment. For example, I once got in a fight with my brother and my parents told me that they would take away our phones for a few days. My parents ended up forgetting to take them away and we didn’t get any punishment even though we both deserved it.

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  8. I agree with Graham, the people who committed those crimes should not have been pardoned by the president. Although the things they did were nonviolent, they were still very serious and against the law. I think by doing this the president is just decreasing the powers laws have. If people are being bailed out of jail after breaking the law because the president felt like it, it will eventually become something normal and end up badly.

    I don't think the president should have the power to pardon unless some type of rules are made. The ability to get people out of jail after they committed a crime goes against the whole point of laws. Laws were made to ensure rights and to protect our general safety, and none of that is being taken into consideration when giving Trump this kind of power. If pardoning went through some kind of process involving more than one persons decision, there would be less chance of this going horribly wrong.

    I do think these presidential pardons could be used in a corrupt way. Like Graham said, if the president has someone work illegally for him, and they get caught and thrown in jail, they would most likely be unjustly bailed out. In my opinion, Trump is already a sketchy guy, and given the things he has already been accused of I wouldn't be surprised if he used this power for the wrong reasons.

    Yes, I have gotten away with things I should've gotten in bigger trouble for. For example, I was scaring my sister by fake throwing her a football and I accidentally let go and whipped it at the the back of her head. Like everyone else, while my sister was watching my parents took my phone away saying they would give it back some other day. They ended up giving it to be once my sister went back in the house. Although what I did wasn't the nicest, it doesn't compare to the crimes these people are apart of.

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  9. 1. I agree with Graham that these people should not have been pardoned for these crimes. People such as Rod Blagojevich who committed crimes that appeared to be harmless, but if what he attempted would have became reality, he could have given a random person with a lot of wealth the power to impact decisions on a national scale. People who make these decisions should have considered the consequences, which in the case, was 14 years in prison.

    2. I don't think that the president should have the power to pardon people from any crimes. This seems like a privilege that is too much power even for the president of the United States. The president could file court cases to try to free people that were given a unfair sentence or accused of a crime they didn't commit but having the power to pardon someone from any crime is just an unjust distribution of power to the president.

    3. This power to pardon people can certainly be and has been used in a corrupt way. The president pardoning certain people of crimes like tax fraud is just unfair treatment to all the other people who are serving their sentence for tax fraud.

    4. One of my friends and I once came up on a bottle of half full Powerade. We were so thirsty that we decided to split the rest of the liquids among our selves. A day later, my friend go sick but I was never better. In the end only he got punished for making the dumb decision to drink a random person's Powerade.

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  10. 1. I agree with Gram that the president should not have pardoned these people. Although they may have committed crimes that caused no harm, they still committed crimes, and they still negatively affected something. Also president Trump never gave any reason why he pardoned these people.

    2. I do think that the president should be able to pardon, but as Shane said it took take more than one person to pardon someone. It seems a little to easy for the president to get someone out of jail and I think the decision needs more opinions. But other than that it pardoning should still be able to happen especially when someone is given an unfair sentence.

    3. I do think it can become corrupt because right now all it takes is the presidents choice, so people can very easily be pardoned. The president can also easily abuse his powers of pardoning.

    4. There have been times before in my house where I have done something and my parents tell me about a punishment they will give me and sometimes they kind of give up on it or even forget about it. It will be something like taking my phone away for a certain period of time, but then they give it back early.

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  11. I agree with Graham that these criminals should not have been pardoned. I do not believe that there was good reason provided by the white house to pardon them. Although white-collar crimes aren't violent, the criminals should still have to serve their full sentences. By pardoning these criminals the president is attempting to desensitize the public to white-collar crimes, which could prove to be dangerous.

    I do think that the president should have the constitutional power to pardon criminals. It provides a check on the judiciary system that may be necessary for certain situations. However, allowing one person to hold that much power could create a corrupt system. I believe that there should be a way for Congress to override a presidential pardon so that it isn't extorted.

    I think that presidential pardons could be corrupted. People could start bribing the president to pardon them for crimes they committed. For example, Nelson Peltz, who backed Milken's pardon, held a fundraiser for Trump's campaign that raised about 10 million dollars. Shortly afterward, the president pardoned Milken.

    There have been times when I have gotten a less severe punishment than I should have. Sometimes I get annoyed with my siblings and my parents threaten to take away my phone, but most of the time they forget or give it back to me after a short period.

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  12. In my opinion, it is fine for the president to pardon people for white-collar crimes. The presidential pardon is a power entrusted to the president and the president alone, in the belief that they will use it responsibly. The real problem would start when this power is used corruptly.

    I agree with Thomas in that the president should be able to pardon, but I disagree in that they should be able to pardon no matter what. The president is elected by the entire country, so it is normal for them to have a lot of power. The presidential pardon is only given to them, so it's difficult to essentially spam it in a corrupt way.

    The presidential pardon could become very corrupt. Take this, for example. I'm a random rich dude. I kill somebody. I then make the president an offer he can't refuse, and he pardons me. Everything can be corrupted, and this is no different.

    I'm quite good at talking myself out of punishments, so this happens to me a lot. A great example of this is when my phone is taken away for some time. My parents will take it away, but then I'll say I need it because I have a game (not lying). I use it for the game, and they'll just forget about the whole thing.

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  13. 1. I think the president should not have pardoned these crimes. These people have committed them and should serve their full term. But I also do think it is okay that he pardoned because he has the power to do this and if he thought they should serve a longer sentence he would have not pardoned them. I also agree with Rhys when he says that people that have just been sentenced should stay in jail longer to learn their lesson and serve some of it. Where as people like Blagojevich who was sentenced to 14 years was okay to be pardoned because he had already served 8 years.

    2. I believe that the president should have some constitutional power, but not a lot. They should not be able to pardon no matter what though. I do agree with Ali that the president is elected by the country so he/ she should have some power to pardon someone, but not full control.

    3. Yes, the presidential pardon could become corrupt and I say this because if someone very rich or famous is convicted of a crime and needs a bail, the president could easily pardon their sentence and that person could just as easily commit that crime again and not get caught.

    4. I feel like this happens to me a lot with my phone I am on it A LOT and I feel like my parents go easy on me where as my brother is younger and they have more strict rules for him. I feel like lying also doesn't help, but sometimes it happens.

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  14. I agree with Graham and Claire that the white-collar criminals shouldn’t be pardoned. Although they didn’t use violence they still affected people and should pay for their crimes. The president should only be allowed to pardon people when they truly shouldn’t be punished at all or for the number of years that they were sentenced. The President now is using his power for pardoning now for more political and personal events than for the betterment of the country.

    I do think that the President should have the ability to pardon. It is important that there is an ability for people to be reevaluated for their crimes. However, I think that there should be more steps in order to pardon someone because as Trump has shown, the power can be easily corrupted and used for personal reasons.

    Yes, I think that the ability to pardon can easily turn into a corrupt power. The President can easily use this to erase his friends sentences and use his power to get political and personal favors. Trump could easily use this to get information, money, or influence.

    I have gotten away without complete punishment on a few occasions. As some people have said above I have felt a little guilty afterward, but not enough to replace the punishment that I most likely should have gotten. Sometimes when I am on my phone too much, or I am fighting with my sister my parents normally take our phones away, saying that they will give them back at the end of the day or so. But we usually end up getting them back faster. I feel like they think back later and aren’t as mad at the situation, but this shouldn’t compare to actual crimes committed by the types of people who have been pardoned.

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