Podcast Summary
Capital One Venture X Card Benefits and Healthy Drink Intro: The Capital One Venture X Card offers 2X miles on all purchases, airport lounge access, and a $300 annual travel credit. Josh introduced Health Aid Kombucha, a healthier probiotic tea alternative.
The Capital One Venture X Card offers unlimited 2X miles on all purchases, access to over 1,300 airport lounges, and a $300 annual credit for bookings through Capital One travel. Meanwhile, Health Aid Kombucha is a probiotic tea with real fruit juice, available in various flavors, and is organic, non-GMO, making it a healthier alternative to sodas and sugary drinks. Additionally, Josh welcomed the birth of his nephew, Mila Harris, and shared stories from Josh's birthday party, which featured various animals, including a pony and goats. Lastly, it was noted that former President Barack Obama tied with John Adams for the longest time between clemency requests on July 10th.
Pardons exist outside of checks and balances: Obama's inaction on clemency requests underscores the political nature of pardons, with no recourse for intervention by Congress or public.
Presidential pardons exist in a unique vacuum within the U.S. government, free from the checks and balances that typically regulate other aspects of governance. Obama's lack of action on clemency requests during his final term highlights this, as there is no recourse for Congress or the public to intervene. Originally intended as a means of mercy, pardons have evolved into a political tool, with potential for electioneering and self-serving motives. Despite the controversy surrounding Obama's inaction, the power to grant clemency remains unchecked and unaccountable.
Presidential Pardons and Public Perception: Presidential pardons can shape public opinion, with examples like Ford's selfless act vs Clinton's controversial pardon raising questions of elitism and potential quid pro quo.
The pardoning of individuals, especially those with questionable backgrounds or controversial cases, can significantly impact public perception of a president. Two notable examples are Gerald Ford's pardon of Richard Nixon before any formal charges were filed and Bill Clinton's conditional pardon of Marc Rich, who had fled the country to evade charges including tax evasion and selling oil to Iran during the Iran hostage crisis. While Ford was initially criticized for being a "dummy president," his decision was later seen as a selfless act to heal the country. In contrast, Clinton's pardon of Rich raised suspicions of elitism and potential quid pro quo, as Rich's lawyer was Scooter Libby, who later was pardoned by George W. Bush for obstructing justice and lying to federal investigators. These cases illustrate the complex and often contentious nature of presidential pardons and their long-lasting effects on public opinion.
A pardon restores civil rights: A pardon forgives past transgressions and restores civil rights, including firearm ownership, voting, and jury service.
A pardon not only releases a person from prison but also restores their civil rights as a free individual. This includes the ability to own firearms, vote, and serve on a jury. A pardon is a type of clemency, and it's the most desirable form because it effectively forgives the person for their past transgressions. The discussion also touched upon the controversy surrounding the Mark Rich pardon during Obama's tenure and the importance of civil rights restoration. Other forms of clemency include commutations, remissions, and respite. Pardons are issued by the president, making it a significant act of forgiveness on behalf of the American family.
Understanding the Different Types of Clemency: Presidents can grant commutations, conditional pardons, and respite, reducing sentences, imposing conditions, or providing temporary reprieves, respectively, but cannot impact civil obligations or state/local cases.
The power of a president to grant clemency includes commutations, conditional pardons, and respite. A commutation makes a sentence shorter, but not a pardon, allowing the individual to avoid prison but losing certain civil rights. A conditional pardon, as in the case of Nixon and Jimmy Hoffa, comes with conditions, and respite is a temporary reprieve. The president cannot grant clemency for civil obligations or state/local cases. The order of these actions can vary, and they can be used in conjunction. The ultimate goal for those seeking clemency is to avoid or delay imprisonment.
A brief history of presidential pardons in the US: Presidential pardons in the US have a long history, rooted in English common law, but have limitations such as not extending to impeachment cases or affecting civil cases or restitution.
Presidential pardons in the United States have a long history rooted in English common law and the prerogative of the king. However, the power does not extend to impeachment cases. The Constitution, specifically the New Jersey and Virginia Plans, initially did not include presidential pardons due to concerns of royal tyranny. The power was added later, but with limitations, such as it only applying to federal cases and not affecting civil cases or restitution. For instance, if O.J. Simpson were convicted of a crime in an alternate world and found liable for damages in a civil suit, a presidential pardon would not absolve him of that financial responsibility.
Presidential pardons don't absolve civil or contempt charges: Presidential pardons only forgive criminal offenses against the US, not civil law or contempt of court charges.
While a presidential pardon can forgive criminal offenses against the United States, it does not extend to civil law or contempt of court charges. This was established by Chief Justice William Howard Taft after his presidency. The idea that a person cannot be forced to accept a pardon is an interesting historical nugget, but it's important to note that this rule does not apply in cases of life or death sentences. The story of Calvin Coolidge ordering the forcible release of a pardoned inmate who refused to leave prison is an intriguing anecdote, but it's crucial to understand the legal limitations of the presidential pardon.
Presidential Pardon Power: A Check and Balance: The presidential pardon power allows a president to grant clemency for federal offenses, including contempt of Congress, and cannot be easily challenged by Congress or the Supreme Court.
The presidential pardon power, as outlined in the U.S. Constitution, is a significant check and balance that cannot be easily challenged. This power, which has its origins in English monarchy, allows a president to grant clemency to individuals for federal offenses, including those related to contempt of Congress. Although Congress can compel witnesses to testify and hold them in contempt, a presidential pardon can override this. The Supreme Court has upheld this power, stating that any challenges must be made within the Constitution itself. Despite efforts to limit the pardon power, it remains a long-standing and constitutionally protected authority.
Historical use of presidential pardon: The presidential pardon has been used throughout history to heal national wounds and challenge laws, but its use can be controversial due to potential disparities and undermining of established laws.
The presidential pardon has been used throughout history as a tool to heal national wounds and challenge laws. George Washington granted amnesty to farmers during the Whiskey Rebellion, Jimmy Carter pardoned draft dodgers during the Vietnam War, and John F. Kennedy issued a blanket pardon for small-time drug offenders under the National Narcotics Act. Eugene Debs, a socialist party candidate, was pardoned by Warren G. Harding after serving time for anti-war speech during World War I. However, the use of the presidential pardon can be controversial, as it can undermine established laws and create disparities, such as the mandatory minimums for cocaine and crack.
Presidential Pardons: Unusual and Controversial Cases: Presidents have the power to grant pardons for unusual and controversial reasons, such as Tokyo Rose's role in Japanese propaganda during WWII, Patty Hearst's kidnapping and alleged brainwashing, and Arthur O'Brien's attempted bestiality.
Presidents have the power to grant pardons for various reasons, even for seemingly unusual or controversial cases. Two notable examples are Iva Toguri, known as Tokyo Rose, who was pardoned for her role in Japanese propaganda during World War II, and Patty Hearst, who was granted a pardon after being kidnapped and allegedly brainwashed into committing crimes. Another example is Arthur O'Brien, who was pardoned by Abraham Lincoln for attempted bestiality. These pardons highlight the subjective nature of the pardon power and the complex circumstances surrounding these cases. Additionally, Patty Hearst's story is a fascinating one, as she went on to act in films by director John Waters after her release from prison.
The Evolution of Presidential Pardons: From Lincoln's personal pardon to a formal process, presidents grant varying numbers, with the Pardon Attorney's office reviewing each case before a final decision by the president.
The power to grant pardons in the United States has evolved from Lincoln's personal decision to pardon a drunk soldier, to a formal process overseen by the Department of Justice and the Office of the Pardon Attorney. Presidents have granted a varying number of pardons throughout history, with Franklin D. Roosevelt holding the record for the most. The Pardon Attorney's office reviews each case, considering factors like the individual's circumstances, restitution, and post-prison behavior before making a recommendation to the president. While the president ultimately makes the final decision, he or she often follows the Pardon Attorney's advice. Notable pardons include those granted to Mark Rich, despite opposition from the DOJ, and Casper Weinberger during the Iran Contra affair. The specific number of pardons issued by recent presidents ranges from Reagan's four to Bush Senior's 77 and George W. Bush's 113. If you're interested in learning more about presidential pardons, including some amusing images, check out the Presidential Pardons section on HowStuffWorks.com. Moving on, we'd like to share some exciting news. We're planning to bring our successful all-star trivia night back to our hometown of Atlanta, Georgia. We're still working out the details, but it looks like it might take place during the first weekend in September, possibly on Labor Day. Stay tuned for more information.
The Stuff Podcast team thanks the Rhodes family and promotes other podcasts: The Stuff Podcast team expresses gratitude to the Rhodes family for their help and promotes other podcasts: IndieWire's weekly screen talk and Sarah's vlog on Zigazoo.
The Stuff Podcast team is planning to host an all-star trivia event most likely during the Labor Day weekend in Atlanta. They are currently seeking venue suggestions and would like to express their gratitude to Mark Rhodes for his help in troubleshooting their OS4 iPhone update issue. They also thank Tom Rhodes, a stand-up comedian from the 90s, and Dusty Rhodes, a wrestler. They encourage listeners to send in emails if they know a Rhodes that should be thanked. Additionally, they promote IndieWire's weekly screen talk podcast, hosted by Ann Thompson and Ryan Latonsio, and mention Sarah's spring break vlog on Zigazoo, a safe social media network for kids.
