American Mercy: The Case for Clemency

After months of controversial and norm-busting clemency grants by both the Biden and second Trump administrations, many are calling for the presidential pardon power to be curtailed or eliminated. The complaints are understandable, but the death of clemency- in one fell swoop, or by a thousand cuts—would be a tragedy. Such a suggestion embodies the mistake we make so often in criminal law: imposing permanent solutions to short-term problems. Clemency’s role in national reconciliation, the mitigation of harsh laws, and in holding out hope for redemption to those convicted is too dear to lose.

The answer to current harms lies not in gutting federal clemency, but in re-making its process and paying attention to the issue when we elect our leaders. We Americans too often rush to demolish beautiful things once they become tarnished. This time, we should pause and do better.