Writing at the Washington Post,  Marc A. Thiessen argues in favor of a presidential pardon. Specifically, a pardon by outgoing president Joe Biden, of  incoming president Donald Trump.

I agree that Biden should pardon Trump, but I disagree with Thiessen as to why.

Thiessen’s case in brief:

Biden, in his inaugural address, pledged to end a national “uncivil war” by “bringing America together,” but  failed to deliver on his promise. C’mon, Joe! Unite all Americans in holiday joy at the splendid vision of a smirking crook skating into office unencumbered —  at least at the federal level —  by threat of prosecution!

Unlike Thiessen, I don’t expect a presidential pardon to produce anything like a uniformly positive reaction. Those among the public who pay attention to current affairs and history know Trump is a crook, if for no other reason than that he can’t resist bragging about his crimes to fill the time he doesn’t spend  whining about how unfairly he’s treated and how brutally he’s persecuted. Half of that public loves him for his crimes; the other half hates him for those crimes.

“From a legal standpoint,”  Thiessen writes, “Trump does not need a presidential pardon.” I don’t think he writes that with a straight face, though. His Post author photo features an “about to pitch you on a sketchy timeshare opportunity” grin, matching that quote perfectly.

Part of the real case for giving Trump a pardon is that he DOES need one … and that if he doesn’t get one from Biden, he’ll try to give one to himself before his second term expires, opening up yet another can of constitutional worms that nobody wants to eat.

If Biden pardons Trump, Trump’s unceasing whine — probably for a good six months —  that he didn’t need a pardon because he did nothing wrong will  embed his past crimes in the public consciousness more firmly and for longer.

Part two: A pardon for all his PAST crimes will  encourage him to get even more brazen about his FUTURE crimes. He’s going to commit those crimes anyway. Why not get louder and more boastful public confessions out of the deal?

Will Donald Trump ever face real justice? Probably not. If presidents were treated like the rest of us, Joe Biden would find himself sharing a Club Fed facility with Barack Obama, George W. Bush, and Bill Clinton come January 21.

It is in a political, not legal, sense that Trump doesn’t need a pardon. All presidents skate for all their crimes, up to and including murder, but so far only Richard Nixon has skated with a pardon … and his crimes and that pardon are therefore pretty much all he’s remembered for. Trump deserves the same legacy.

Thomas L. Knapp (X: @thomaslknapp | Bluesky: @knappster.bsky.social | Mastodon: @knappster) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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