The Presidential Pardon Power

Paper Summary:

This paper explores the criticism and support major newspapers have given toward the use of the presidential pardon. The paper discusses how newspapers focus on the unilateral power of the pardon, its inconsistency with the normal checks and balances structure, the effects of the pardon, differing interpretations of the Framer's intent and potential external influences on the decision-making process involved.

From the Paper:

"The unilateral nature of the pardon power gives the President certain privileges that also raise many concerns. The President may exercise executive privilege in regards to providing any information, counsel, or notes that are part of the decision making process using the exemption to the Freedom of Information Act. Newspapers have criticized this practice stating that the public should have a right to this information. Also, critics argue that many of the documents are never viewed by the President and are gathered outside the White House (Bumiller, 2002). In more recent years, President George W. Bush has been criticized for not releasing information related to President Clinton's pardon of Marc Rich. The Bush administration's decision not to release the information was attacked by the major newspapers. Critics alleged it to be an attempt to protect the institution and preserve the unilateral nature of the power to pardon and the process involved (Savage, 2002)."

Sample of Sources Used:

• Bumiller, E. (2002, August 28). White House withholding documents on pardons. New York Times, pp. A17.
• Dallek, R. (2001, February 25). Don't tread on the pardon power. Los Angeles Times, pp. M5.
• Kinsley, M. (1987, July 23). Pardon them. The Washington Post, pp. A21.
• Sack, K. (2001, March 10). Pardoned couple say access has served them well. New York Times, pp. A9.
• Savage, D. (2002, August 28). White House defends its shielding of Clinton's pardon papers. Los Angeles Times, pp. A14.

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