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New York, Monday.
One of my first assignments as an inbound correspondent was reporting on the Donald Trump installation in early 2017. For four years, Donald Trump and I have followed each other, even though he doesn’t really see it that way.
One of my last assignments as a US correspondent will be reporting on the Joe Biden installation on January 20. Biden’s first day at the new job will therefore be one of his last.
When Joe Biden takes over, he has several tough decisions to make. One of them is whether Biden should forgive Donald Trump for whatever crime Trump has committed.
We don’t know for sure how many or what kinds of federal investigations are being conducted against Trump, but one of them, dealing with alleged violations of campaign finance laws, resulted in Trump’s attorney, Michael Cohen, being sentenced to prison.
Then why Will Biden ever forgive a political opponent who does not even accept the election result?
Yes, one of the reasons is why Biden says he wants to work: to unite America. If Biden is serious about uniting the country, a pardon will be a strong political signal. Remember that many of Trump’s supporters believe that the Washington establishment wanted to eliminate Donald Trump from day one. The lawsuits against Trump will reinforce the notion that malicious and ruthless Democrats want to punish Trump and his constituents.
A pardon could also be a way for Biden to put the Trump era behind him: If Biden’s own Justice Department sued the former president, the news would still be about Trump even after Biden took office. Trump would get, at no cost, a great arena to remain relevant.
On the other hand, there are good arguments why Biden should not forgive Trump for possible crimes. One of the most important is that no human being, regardless of his previous position, should be above the law.
The choice is not facilitated by pressure on Biden from the forces of his own party. As loved as Trump is one of his most loyal supporters, he is as hated by Democrats. Democratic voters would see it as a great betrayal if Biden pardoned Trump.
Add there that Biden can only pardon Trump for federal crimes. Ongoing investigations at the state level will continue anyway and thus may lead to prosecution despite clemency from a future President Biden.
These issues have long been debated in the United States. The president’s power to pardon criminals is governed by the Constitution, and in 1795 George Washington used that power for the first time when he pardoned two men accused of treason after an uprising in Pennsylvania.
Washington used forgiveness to pour oil on the waves, wanted to reach out a hand to dissent in the young nation.
For Biden, the same question is relevant today.
There is little more than a month before the clock strikes twelve in Washington on January 20, the time the presidency changes hands. The question of forgiving Donald Trump is just one of many difficult decisions Joe Biden must make if he wants to unite a divided nation.
