Joyce White Vance, former federal prosecutor and legal analyst at the Brookings Institution, noted on Thursday that there are no checks on presidential power for selling pardons.
President Donald Trump pardoned a list of people over the last month, and many of those chosen are turning heads. The one most discussed is reality TV stars Todd and Julie Chrisley. However, another pardon, given to Paul Walczak, is also raising alarm. Legal experts are questioning whether it is a possible bribery case.
Walczak was found guilty by a jury of bribery and ordered to pay $4 million in restitution for tax crimes. His mother, Elizabeth Fago donated $1 million to Trump at a Mar-a-Lago fundraiser.
"The power that he has may be broad, but it's supposed to be in support of social values, of mercy and forgiveness for people who admit the crimes they do and then make a better life," former prosecutor Harry Litman said on Wednesday. "It's exactly not what this is supposed to be. And the Walczak case, I think, is a crime. It's just that the Supreme Court has ruled he can't be prosecuted. But it sure looks like not just extortion, but a flat-out bribe."
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Those restrictions once existed, but Vance explained on Thursday that they're no longer in effect.
"So, the president has this unrestricted pardon power to use as he pleases, and particularly the only check that's ever existed on these has been the possibility of bribery, which, of course, the Supreme Court removed when it decided that presidents are not accessible for criminal prosecution based on conduct, official conduct that they commit while in office," Vance told MSNBC. "So, I say that to say this is simply a power that presidents can exercise as they please. Exercises in injustice is what is intended by the Constitution in this area."
She added that typically, the most successful pardon pleas are those that manage to catch the eye of the president.
"And if we're looking for a through line in these pardons, it really is that these are people who are able to catch the president's eye for whatever reason," said Vance.
See her comments below or at the link here.
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