Presidential Pardons

[LittleFuzzy]

I don't see why we can't create a commission with people who are qualified to make this determination and then have the president (or AG) sign off (or not) on each recommendation.

What would be the qualifications to make such a determination? The primary legitimate purposes of the power are extrajudicial acts of mercy and to further public policy. The whole point of it is that it's not about the law, so turning to the legal experts and professionals is. . . Like OG I'm not thrilled with the idea of a permanent commission being the primary mover either.

[Loki]

What would be the qualifications to make such a determination? The primary legitimate purposes of the power are extrajudicial acts of mercy and to further public policy. The whole point of it is that it's not about the law, so turning to the legal experts and professionals is. . . Like OG I'm not thrilled with the idea of a permanent commission being the primary mover either.

Decisions made by retired judges and legal professionals aren't judicial...And since someone has to appoint these people to the commission, it would presumably be at least somewhat responsive to public opinion. The point is that the president has no expertise in making these kind of decisions. Which means the people being pardoned end up being the president's friends/donors or the cause celibre of the day.

[Aimless]

Decisions made by retired judges and legal professionals aren't judicial...And since someone has to appoint these people to the commission, it would presumably be at least somewhat responsive to public opinion. The point is that the president has no expertise in making these kind of decisions. Which means the people being pardoned end up being the president's friends/donors or the cause celibre of the day.

I'm just saying Obama probably didn't have over a thousand felons among his friends and donors and, if there were some particular cause célèbre to which he was responding, that might be all right—to the extent that it might reflect important shifts in the view of justice. These decisions come, ideally, at the end of a thorough vetting process—overseen at the penultimate stage by the OPA, where you would expect to find some level of relevant expertise; you could make that step a requirement so that it can't be easily bypassed the way it has been by Trump.