Pardon Power

How The Pardon System Works-And Why

By: Kim Wehle, Kimberly Wehle

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Paperback | 2 September 2024

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Paperback
200 Pages

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22.8 x 15.2 x 2.03

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The president's power to pardon federal crimes is immense, with roots in ancient notions of mercy and amnesty. However, this power, seemingly boundless under the Constitution, lacks clear constraints, inviting concerns about abuse. Recent discussions in the U.S. Supreme Court have raised alarms about the potential for presidential abuse of pardons, highlighting the need for accountability within the pardon system to uphold the foundational premise that no one is above the law.

Pardon Power: How the Pardon System Works- and Why, Kim Wehle explores the historical context and contemporary challenges surrounding the presidential pardon. Wehle contends that any pardon undermining the principle of accountability before the law, including self-pardons, cannot be constitutionally justified. Urgent recognition of the necessity for guardrails around the pardon power is essential to safeguard American democracy.

Industry Reviews

"Is the quality of mercy strained? According to Kim Wehle, the answer is yes, at least in the context of today's political and legal landscape. Taking the reader on a fascinating historical journey from the ancient holy scriptures to January 6, Wehle highlights how an ecclesiastical instrument intended to correct for 'unfortunate guilt, ' in the words of Alexander Hamilton, can (and has) become weaponized by occupiers of the Oval Office intent on subverting the rule of law. Wehle's analysis is a must-read for anyone who cares about creating transparency and accountability in one of the most awesome powers of the presidency, and bringing it back in alignment with the Framers' original vision." --Asha Rangappa, Former FBI Agent, Former Associate Dean at Yale Law School, and Senior Lecturer at Yale University

"Kim Wehle's new book answers all the questions about the president's pardon to power, and rejects self-pardons as unconstitutional. A compelling and important book that arrives at exactly the right time."--Glenn Kirschner, Former career federal prosecutor, NBC News/MSNBC legal analyst, host of Justice Matters YouTube channel

"Like all discretionary authority, the pardon power is only as virtuous as the person who controls it. Kimberly Wehle demonstrates that it can be a righteous tool to remedy wrongful convictions, reduce excessive sentences, and recognize extraordinary rehabilitation, but it also can be used to obstruct investigations, benefit political allies, and reward people for paying the President's friends. Professor Wehle's timely book illuminates a vast constitutional power likely to be debated during the 2024 presidential campaign and beyond." --Rod Rosenstein, Deputy Attorney General, Trump Administration

"In Pardon Power, Kim Wehle debunks the orthodoxy that the President's pardon power has no limits and argues persuasively that its use for corruption has no place in our system of laws. A must-read for those who care about the fate of American democracy." --Charlie Sykes, MSNBC contributor/columnist and author of How the Right Lost Its Mind

"In sharp, accessible prose, Kim Wehle traces the President's pardon power from its historical origins to its looming implications for democracy today. This book is a vital contribution in a critical time where we must look to strengthen the guardrails against corruption." --Mimi Rocah, former federal prosecutor and Division Chief, U.S. Attorney's Office, Southern District of New York

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