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Pardons from Trump and Biden Highlight Mutual Distrust and Fragile Confidence in the Criminal Justice System

Photo credit: abcnews.go.com

WASHINGTON — A significant day in the political landscape was marked by contrasting clemency grants from the outgoing President Joe Biden and the incoming President Donald Trump. It started with Biden granting pardons to lawmakers and family members, and culminated in Trump’s decision to pardon supporters involved in the violent January 6 Capitol riot.

The pardons illustrate a stark divide in ideologies and approaches to justice, with Biden’s grants benefiting individuals not accused of crimes, contrasting sharply with Trump’s relief for rioters convicted of serious offenses. This swift exercise of executive power within 12 hours serves to highlight a deep-seated mistrust between the two leaders and their respective followers, implying that the tenets of justice—namely facts and law—are being undermined in their political realms.

“It was a sad day for Lady Justice, regardless of your political leanings,” observed John Fishwick Jr., who served as a U.S. attorney in Virginia during the Obama presidency. He noted that both leaders sent a concerning message about the integrity of the judicial system; Trump painted it as corrupt during his term while Biden indicated it was on track to become corrupt, irrespective of his administration.

In one of his last official acts, Biden granted clemency to family members, asserting that they had endured relentless partisan attacks aimed at damaging him. He expressed concerns that such hostilities would not cease, echoing a rationale for previous pardons, including his son Hunter, despite a prior commitment not to pursue such actions.

Biden’s pardons also included notable figures like Dr. Anthony Fauci and General Mark Milley, who were seen as potential targets during Trump’s administration due to the contentious politics surrounding the COVID-19 response and military actions. Trump’s selection for FBI director, Kash Patel, has previously called for investigations into Fauci’s conduct, further complicating the trust in the justice system under the new administration.

Despite Biden’s assertion of belief in the rule of law and his hope that legal integrity would prevail, he acknowledged the peculiar circumstances that necessitated his actions. This wavering confidence reflects broader public sentiment as nearly half of Americans express a lack of trust in the Justice Department, FBI, and Supreme Court concerning impartiality, particularly during Trump’s anticipated second term.

The civil mistrust was mirrored, as Biden’s concerns about political reprisals from Trump parallel Trump’s claims of a politically motivated prosecution of his supporters. In a sweeping move, Trump announced pardons or sentence commutations for over 1,500 individuals linked to the Capitol riot, a much broader approach than initially predicted by his administration officials.

These pardons effectively erased outcomes of the largest investigation in Justice Department history, involving numerous offenders who violently resisted law enforcement and extreme group leaders accused of attempting to maintain Trump’s presidency unlawfully. Trump has referred to the participants of the January 6 events as “patriots” and “hostages,” insisting their legal troubles were based on political biases rather than factual evidence.

“This is astounding. It shows a fundamental disregard for the rule of law,” stated Chris Edelson, a scholar in presidential powers. He emphasized that while he doesn’t fault Biden for preemptive pardons, they signify a response to the instability projected by Trump’s administration.

Edelson remarked that to assure the public of the system’s trustworthiness, given the current climate of fear and retaliation would be disingenuous. The ongoing concerns around the integrity of the judicial system gain urgency as Trump seeks confirmations for Patel and his attorney general choice, Pam Bondi, who earlier indicated during her Senate hearing that the Justice Department has faced politicization over the past years.

Critics like Fishwick argue that these recent clemency decisions exacerbate the misconception that the justice system is manipulated. “Both Biden and Trump appear to be wielding the pardon power for political messaging,” he noted, which strays far from the original intentions established by the founding figures of the nation.

Source
abcnews.go.com

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