‘X-rays into the president's soul': Jeffrey Toobin on Trump, Biden and the pardon power
Toobin said: 'One thing you can say about Donald Trump is that his moral compass always points in the same direction, and his motives are always the same, which are transactional and narcissistic. This is a good example, I think, of my thesis that pardons are X-rays into the president's soul.'
In his first term, Trump 'wanted to settle a score with Robert Mueller, so he pardoned everyone Mueller prosecuted [in the special counsel's investigation of Russian election interference in 2016 and links between Trump and Moscow]. Trump wanted to take care of his family, so he pardoned his daughter's father-in-law, Charles Kushner [now nominated as US ambassador to France]. He wanted to reward his House Republican allies, so he pardoned several who were engaged in egregious corruption, and he pardoned people who were [his son-in-law and adviser] Jared Kushner's friends.
Asked why he wrote his 10th book to come out now, so soon after such a momentous election, Toobin, a former CNN legal analyst and New Yorker writer, said: 'I saw that from a very early stage in the campaign Trump was talking about January 6 pardons. But I also recognized that if Kamala Harris won, there would be pressure on her to pardon Trump' on 44 federal criminal charges now dismissed.
'I think the proper way to understand the January 6 pardons [issued on day one of Trump's second term] is to remember that Trump himself was a January 6 defendant. He wasn't charged with the riot the way the others were, but he was charged with trying to overthrow the election with the fake electors scheme. And if you look at the way in the beginning part of his second term he is settling scores and rewarding his friends, the January 6 pardons told you exactly how he was going to go about conducting his administration.'
Reportedly saying, 'Fuck it, release 'em all,' Trump gave pardons, commutations or other acts of clemency to the absurd, such as the J6 Praying Grandma and the QAnon Shaman, and to the outright sinister: hundreds who attacked police, militia leaders convicted of seditious conspiracy.
Toobin said: 'If Trump had tried to carve out the non-violent January 6 rioters [for clemency], that that would have been somewhat more defensible than what he wound up doing, which was, in my view, completely indefensible.'
His point about pardons being an X-ray for the soul applies to Joe Biden too.
On the page, Toobin decries the 46th president's decision to pardon his son, Hunter Biden, on gun and tax charges and any other grounds, having said he would not do so.
Toobin said: 'When you think about Hunter, this is a guy who was convicted of a crime, who pleaded guilty to other crimes. So it's not like these were made-up accusations against him. Yes, the criminal justice system came down hard on him, but the criminal justice system comes down hard on a lot of people, and their father wasn't president of the United States, so they don't get this kind of break. And I just think that's not how the system is supposed to work.'
Publishing schedules being what they are, The Pardon does not cover the last-minute pre-emptive pardons Biden gave his brothers, his sister and their spouses, as well as public figures held to be in danger of persecution by Trump, Liz Cheney and Gen Mark Milley among them.
But Toobin told the Guardian: 'The family pardons were just bizarre, because these people, as far as I'm aware, are not even under investigation. But [Biden] was so worried and fixated on his family that he took this extraordinary step, which is just egregious to me.'
The pardon is older than America. British kings could pardon people. When the states broke away, they kept the pardon for presidents. George Washington used it after the Whiskey Rebellion of 1794, for men convicted of treason. Abraham Lincoln used it during the civil war, to reprieve Union soldiers sentenced to die and to forgive Confederates in the name of peace.
Such acts of mercy continue, memorably including Jimmy Carter's clemency for those who dodged the draft for Vietnam and Barack Obama's record-setting issue of commutations for people mostly jailed for minor crimes. Even Trump handed down mercy in his first term, amid the push which produced the First Step Act, criminal justice reform he swiftly seemed to forget.
Asked which modern president has best used the pardon power for the public good, Toobin picks Obama. Inevitably, though, most public attention falls on use of the power for controversial ends, including George HW Bush's mop-up of the Iran-Contra scandal and Bill Clinton's last-minute pardon for Marc Rich, a financier turned fugitive.
The most famous pardon of all, the one Gerald Ford gave Richard Nixon after the Watergate scandal, hangs over every president. As Toobin sees it, had Harris taken office in January, pressure to pardon Trump of his alleged federal crimes would have been great, and it would have sprung from 'an interesting shift in the conventional wisdom' about Ford and Nixon.
Sign up to First Thing
Our US morning briefing breaks down the key stories of the day, telling you what's happening and why it matters
after newsletter promotion
'It was widely considered a disaster in 1974' – Carl Bernstein told Bob Woodward, his Washington Post partner in reporting Watergate, 'The son of a bitch pardoned the son of a bitch' – 'but now you've had Ted Kennedy giving Gerald Ford an award, saying he was right about the pardon. You have Bob Woodward changing his mind [to say the pardon was 'an act of courage'], and at the oral argument of the Trump v United States supreme court case [about presidential immunity, last April], Justice Brett Kavanaugh said, 'Well, everyone now agrees Ford did the right thing.''
Toobin thinks Ford did the wrong thing, given Nixon's clearly criminal behavior. He was also 'struck by the absence of a book heavily focused on that issue of the Ford pardon. So all those combinations led me to try to not only write a book, but have it come out in early 2025.'
He duly devotes most of that book to the Nixon pardon: how Ford agonized about it, decided to do it, then employed an obscure young lawyer to make sure Nixon took it.
'I had certainly never heard of Benton Becker when I went into this,' Toobin said. 'And I think his central role illustrates how ill-prepared Ford was for the whole issue of dealing with Nixon, because if you want to address an issue that will be the central event of your presidency, maybe you want to entrust it to someone who is not a young volunteer lawyer, who is himself under criminal investigation.
'Now, if you say that, you should say that Becker [who died in 2015] was completely cleared. But it struck me as ludicrous that a president with the entire resources of the White House counsel's office, the justice department and the entire American government, chose to invest so much authority in this young man. I think that just illustrates how Ford's anxiousness to get the whole Nixon subject behind him led him to fail to consider the consequences of what he was doing.'
The rights and wrongs of the Nixon pardon echo to this day. Looking again to last year's supreme court arguments over presidential immunity, which the justices decided did apply in relation to official acts, Toobin said: 'I thought the best question at that oral argument was Justice [Ketanji Brown] Jackson saying, 'If presidents are immune, why did Ford need to pardon Nixon?' Which is a great question, and doesn't really have an answer. The only real answer is that [Chief Justice] John Roberts just completely changed the rules' in favor of Donald Trump.
The Pardon is Toobin's guide to how presidential pardons work, for good or often ill. He is not optimistic that the power can be reined in or usefully reformed.
'The both good and bad news is that our constitution is almost impossible to amend, and no one cares enough about pardons one way or the other to undertake the massive task of of trying to amend the constitution. It's not even clear how you would amend it. My solution to pardon problems is not changing the constitution, it's getting better presidents.'
That will have to wait – at least for four more years.
The Pardon is out now
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Reuters
3 minutes ago
- Reuters
Texas Republicans set to approve Trump-backed congressional map to protect party's majority
Aug 20 (Reuters) - Texas legislators on Wednesday took up a new state congressional map intended to flip five Democratic-held U.S. House seats in next year's midterm elections, after dozens of Democratic lawmakers ended a two-week walkout that had temporarily blocked passage. Republican legislators, who have dominated Texas politics for over two decades, have undertaken a rare mid-decade redistricting at the behest of President Donald Trump, who is seeking to improve his party's odds of preserving its narrow U.S. House of Representatives majority amid political headwinds. The map, which should easily pass the Texas House by a simple majority vote but will have to be reconciled with the state Senate's version, has triggered a national redistricting war, with governors of both parties threatening to initiate similar efforts in other states. Democratic California Governor Gavin Newsom is advancing an effort to redraw his state's map to flip five Republican seats. Democratic-controlled California is the nation's most populous state while Republican-led Texas is the second most populous. The Texas map would shift conservative voters into districts currently held by Democrats and combine some districts that Democrats hold. Other Republican states -- including Ohio, Florida, Indiana and Missouri -- are moving forward with or considering their own redistricting efforts, as are Democratic states such as Maryland and Illinois. Redistricting typically occurs every 10 years after the U.S. Census to account for population changes, and mid-decade redistricting has historically been unusual. In many states, lawmakers manipulate the lines to favor their party over the opposition, a practice known as gerrymandering. Texas Democrats on Wednesday raised multiple objections to and questions about the measure, slowing debate. Democratic Representative Chris Turner introduced an amendment to kill the bill, which did not pass. He said from the House floor that the redistricting bill was an "illegal and racially discriminatory Congressional map." "This body has no business passing it," Turner said. "This is unprecedented and it is wrong." Republicans argued the map was created to improve political performance and would increase majority Hispanic districts. Turner was among the Democrats who fled the state earlier this month to deny the Texas House a quorum. In response, Republicans undertook extraordinary measures to try to force the Democrats home, including filing lawsuits to remove them from office and issuing arrest warrants. The walkout ended when Democrats voluntarily returned on Monday, saying they had accomplished their goals of blocking a vote during a first special legislative session and persuading Democrats in other states to take retaliatory steps. Republican House leadership assigned state law enforcement officers to monitor Democrats to ensure they would not leave the state again. One Democratic representative, Nicole Collier, slept in the Capitol building on Monday night rather than accept a police escort. Republicans, including Trump, have openly acknowledged that the new map is aimed at increasing their political power. The party currently controls 25 of the state's 38 districts under a Republican-drawn map that was passed four years ago. Democrats and civil rights groups have said the new map dilutes the voting power of racial minorities in violation of federal law and have vowed to sue. Nationally, Republicans captured the 435-seat U.S. House in 2024 by only three seats. The party of the president historically loses House seats in the first midterm election, and Trump's approval ratings have sagged since he took office in January.
Daily Mirror
33 minutes ago
- Daily Mirror
Prince Andrew told to 'brace himself' as explosive Epstein files to be made public
Disgraced Prince Andrew could find his name splashed across official US records as Congress prepares to release secret documents linked to the billionaire sex offender Prince Andrew has been told to 'brace himself' as explosive American government files on his paedophile pal Jeffrey Epstein are set to be made public within days. The disgraced Duke of York, already scarred by years of scandal, could find his name splashed across official US records as Congress prepares to release secret documents linked to the billionaire sex offender. On Friday, Congress will start receiving the first batch of papers from the Department of Justice. They have vowed to publish the files once victims' identities and other sensitive material have been blacked out. A House Oversight Committee spokesperson confirmed to the Mirror: 'The Committee intends to make the records public after thorough review to ensure all victims' identification and child sexual abuse material are redacted. The Committee will also consult with the DOJ to ensure any documents released do not negatively impact ongoing criminal cases and investigations.' The move piles pressure on Andrew, whose ties to Epstein - including accusations he repeatedly slept with the financier's 'teen sex slave' Virginia Giuffre - have left his royal reputation in tatters. Andrew has always vehemently denied all wrongdoing. A victim of Epstein today said the public release of the files would leave numerous high-profile men nervous, none more so than the Duke of York. 'Andrew should brace himself,' she said. 'When these files are finally made public, countless men, some of whom may have never been named before, will have to answer for their friendship with Jeffrey. Survivors like me have had to live with the shame and trauma while men in power carried on as if nothing happened." The woman, who is now 38 and accepted compensation from the Epstein victim fund, added: 'If your Prince's name is there, then he must answer for it. No amount of royal privilege, no titles, no lawyers should protect him from the truth. He should be ready, because the world will see exactly who was mixed up with Jeffrey and what they chose to ignore.' The files' public publication comes after famed US attorney Gloria Allred recently told The Mirror that Andrew, 65, should appear before US lawmakers to give evidence about his knowledge of Epstein. The lawyer, who represents several of the paedophiles' victims, said: 'All I can say is, now more than ever, he should come forward, and he could volunteer to testify publicly.' Congress is said to be moving fast, with insiders warning the first revelations could come 'in days rather than weeks.' Committee chairman James Comer said the documents would finally shed light on a saga the Trump administration has been accused of covering up. It comes after the Justice Department declared in July that 'no further disclosures' about Epstein were needed - a decision that outraged victims, campaigners, as well as the President's MAGA base. The US leader had campaigned for the White House on the promise he would make all the government's Epstein documents public. For years, America has been obsessed with so-called 'Epstein files' amid lurid speculation that the financier kept a secret list of powerful friends who enjoyed the company of underage girls. The FBI and DOJ insist no such list exists. However, earlier this year, former Attorney General Pam Bondi promised to release the files when she claimed, 'It's on my desk.' Donald Trump, who was a close friend of Epstein for over three decades, was often seen at parties in Palm Beach and Manhattan together and is now facing awkward questions of his own. His critics are circling, pointing to tech billionaire Elon Musk's claim that he is named in the files. Days after the Tesla owner made the claims, Trump's administration performed a U-turn, stating there were no files in existence. The move sparked civil war among Trump's MAGA base, with some splitting from him. Epstein, once a jet-set banker with links to presidents, princes and billionaires, died in his New York jail cell in August 2019. Officially ruled a suicide, his sudden death has fuelled years of conspiracy theories - with many believing he was murdered to stop him talking. Such rumours refuse to die, especially with the US government now forced to hand over files that could drag a string of rich and famous names back into the mud. For Prince Andrew, the threat could not be clearer. His car-crash BBC Newsnight interview, in which he insisted he didn't sweat and denied ever meeting accuser Giuffre, remains one of the most humiliating episodes in royal history. Though he later settled Giuffre's New York civil lawsuit with a reported £12 million payment, he has always denied wrongdoing.
The Guardian
33 minutes ago
- The Guardian
Lines of control: inside the 22 August Guardian Weekly
Donald Trump had seemed to be firmly back under the sway of Vladimir Putin following their summit in Alaska last Friday. But an intense push by European leaders appeared to coax Trump out of pro-Russian positions on Ukraine and led to a remarkable gathering in Washington on Monday. Have their efforts done enough to give Volodymr Zelenskyy a meaningful role in negotiations? Washington correspondent David Smith reports on the hectic diplomatic efforts. Trump's talk of 'land swaps' between Ukraine and Russia, as a simple transactional path to a peace deal, belies the grim reality of what it would mean for people in Zaporizhzhia. Shaun Walker reports from the Ukrainian frontline city where emotions are running high. Trump's meeting with Putin in Anchorage – where the US president rolled out the red carpet for his Russian counterpart – was widely viewed as a diplomatic triumph for Moscow. International affairs expert Rajan Menon explains why Putin is likely to be delighted with the way events are unfolding. Get the Guardian Weekly delivered to your home address Spotlight | Wildfires leave their mark across Spain and CanadaA near-disaster has highlighted Spain's vulnerability to the climate emergency, while wildfires in Canada are now burning where they never used to. From opposite sides of the Atlantic, Sam Jones, Stephen Burgen and Leyland Cecco report on a rising crisis Technology | Fascination and fear over the rise of the AI deathbotOzzy Osbourne appeared as an AI-generated image at a recent Rod Stewart concert, prompting questions about how the ghoulish phenomenon will affect grieving. Harriet Sherwood reports Feature | Tuvalu dreams of dry landWith sea levels rising, much of the Pacific nation's population is confronting the prospect that their home may soon cease to exist. Where are they going to go? Atul Dev visited the islands to find out Opinion | Remember when having women in power was supposed to change everything?The careers of Nicola Sturgeon, Angela Merkel and Jacinda Ardern show how foolish it is to idealise leaders just for being women, says Gaby Hinsliff Culture | Novelist Douglas Stuart meets painter Jenny SavilleThe Booker prize-winning author of Shuggie Bain sits down with the record-breaking artist to talk early success, bad reviews and the joys of making art British pop star Jade Thirlwall became famous at a young and vulnerable age via reality TV, when tabloid intrusion was rife and social media commentary was cruel. Here, Jade the solo artist talks about how her beginnings in the industry provided material for her maximalist, witty and very catchy debut single and why she'll never shy away from protest. Emily El Nusairi, deputy production editor As a parent living in London, this piece on why the capital's schools outperform the rest of the UK was really interesting to me. I worry that we've made the right choice to bring up our children in central London, and the existence of such inequality across the country is shocking. Dave Kirwan, production director Audio | Ghosting, breadcrumbing, one-night stands: are we done with dating apps? Video | It's complicated: How to solve the global housing crisis Gallery | Pipe dreams: a pipe band's 'world' tour in Northumberland We'd love to hear your thoughts on the magazine: for submissions to our letters page, please email For anything else, it's Facebook Instagram Get the Guardian Weekly magazine delivered to your home address
