Forget the autopen, now we have unelected bureaucrats determining who the president did and didn't pardon.
The Justice Department is deciding who's covered by extremely vague pardons.
The pardon’s language is so vague and limitless that it could apply to thousands of people. And now
Trump’s Justice Department says it’s up to Attorney General Pam Bondi and Pardon Attorney Ed Martin to decide who, and which possible crimes, Trump actually meant to cover.
There’s no modern precedent — and maybe no historical precedent, either — for a president to delegate his pardon power to subordinates on a pardon this vaguely worded.
Even past examples of blanket pardons, such as Andrew Johnson’s sweeping clemency after the Civil War, Jimmy Carter’s pardon for Vietnam-era draft dodgers and Joe Biden’s pardon for marijuana offenses relied on more explicit criteria.
The most comparable pardon, experts say, is
Trump’s Inauguration Day pardon for the perpetrators of the Jan. 6, 2021 attack on the Capitol — a pardon so vague that it spawned
legal battles across the country about whether Jan. 6 defendants could apply it to crimes that
had nothing to do with the riot.
Trump’s latest blanket pardon applies to “all United States citizens for conduct relating to the advice, creation, organization, execution, submission, support, voting, activities, participation in, or advocacy for or of any slate or proposed slate of Presidential electors … in connection with the 2020 Presidential election.” And while Trump identifies 77 recipients, he emphasizes that the pardon is not limited to the initial list. Trump then charges Bondi and Martin to issue pardon certificates to “eligible applicants.”
Pardon experts say this unusual delegation of pardon power is exacerbated by the vague language of the pardon itself, essentially leaving decisions about who’s covered to the judgment of Trump’s subordinates.