...The pardon power raises more profound concerns, however, when wielded as a tool of managerial control—one that can negate the basic criminal-law constraints that apply to public officials.
Whatever the merits of the Supreme Court’s 2024 decision holding that a president is immune from criminal prosecution for actions within the office’s “conclusive and preclusive constitutional authority,” it shields only one actor: the president. In practice, presidents act through political appointees and career staff, all of whom remain subject to criminal law. But President Trump has reportedly promised pardons to many in his administration—by one account, to “everyone who has come within 200 feet of the Oval.” If the president is willing to pardon large swaths of his administration, government operations could be significantly transformed.
To what extent? Consider the laws that could effectively cease to apply: the criminal statutes governing executive branch employees cover, among other things, bribery, conflicts of interest, classified information disclosure, political activity interference, destruction of public property, and records falsification. Relevant generally applicable criminal laws include those prohibiting perjury, false statements, obstruction of congressional proceedings, witness tampering, destruction or falsification of records in federal investigations, and the deprivation of rights under color of law.
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