A president’s pardoning power is absolute, as every judge knows, and just as absolute is the certainty that every pardon will be met by a hail of hosannas and a howl of complaint and grievance from someone.
The liberals and others on the left are beside themselves over President Trump’s pardon of Joe Arpaio, the former sheriff of Maricopa County, Arizona, who came a cropper with a federal judge who held him in contempt for enforcing the law on the border when nobody else would.
Sen. John McCain, who would denounce this president if the president gave him a winning lottery ticket, denounced the pardon because “no one is above the law.” Others are treating the pardon as foreshadowing the end of the world.
A columnist at the Detroit Free Press, where locking up everybody might be an attractive solution to crime and mayhem in the sinister streets of Detroit, suggests with typical liberal/progressive/left-wing outrage that it’s time to give up on a country that would elect Donald Trump as its president.
“With one reckless stroke of his pen, [Mr.] Trump last week trashed all those notions of American exceptionalism, and raised serious questions about whether this republic might survive his presidency, or whether it even deserves to.” An editor at the Free Press should give the poor fellow an aspirin, and let him lie down until he feels better.
Mr. McCain could use a good lie-down, too, perhaps not with an aspirin but something stronger, and remind him that a pardon can’t be above the law, because it’s a part of the law. All presidents have used their constitutional power to pardon those whom they think deserve it (and sometimes when they don’t). Some presidents, like Bill Clinton, have profitably pardoned the undeserving.
The New York Times called in one of its usual suspects to express the usual contempt for the president and his sin of the day. Prof. Martin Redish of the Northwestern Law School, with a novel theory of the Constitution, thinks Mr. Trump could be successfully challenged on constitutional grounds because Sheriff Joe, as he was popularly called when he tried to resolve the hell on the border, was convicted of violating constitutional rights, “in defiance of a court order involving racial profiling.”
“Good luck with that theory, professor,” observes the New York Sun. “The thinking at Northwestern seems to be that one can be pardoned for kidnapping, murder or espionage — any federal crime — only so long as constitutional rights weren’t violated.” The professor obviously needs a refresher course in the law, and there are correspondence law schools where he could take a tutorial without having to miss teaching any of his own classes at Northwestern.
Most pardons are controversial, whether by presidents or governors, and every pardon, whether for a real crime, or contempt, which is only contempt of a judge. Not very nice, of course, but judges often have skin as thin as tissue paper, and the judge who sentenced Sheriff Joe, U.S. District G. Murray Snow is infamous among Arizona lawyers for his exceedingly thin skin, and his sometime preference for upholding personal whim, if not the law.