Pardoning Donald Trump is a fundamentally wrong idea

Want to accelerate the surrender to autocracy? Itching to confirm that some people are always and forever above the law? Anxious to ensure we're all out there working together to grease America's slide into fascism?

I know just the ticket. And splintering the Democratic Party in a way that turns a one-time election defeat into an extinction event comes as a free bonus.

It can all be done with just one step: Pardon Donald Trump.

This isn't exactly an original idea. Long-time Democratic leaders like Rep. Jim Clyburn are out there tsk-tsking at President Joe Biden for not already getting out his pardon pen and giving Trump a shiny new absolution. Former Democratic Sen. Joe Manchin is, as anyone might expect, also calling for Biden to pardon Trump. Big political opinion rags like The Hill are all in.

Sen. John Fetterman even suggests that Trump should get a pardon for the 34 felony convictions he earned in covering up the misuse of campaign funds to pay off Stormy Daniels and disguise his catch-and-kill scheme in advance of the 2016 election. For this, the senator who wears shorts in winter has a compelling argument:

“I’m talking about the New York trial, and now the Democrats on our side, there were some that were gleeful calling, ‘Now he’s a convicted felon,’ and those things. And now for our party, we were talking about criminal justice, and we are now talking about second chances and now, all of a sudden, now you’re like, ‘Well, he’s a convicted felon and all these things,’” Fetterman said.

A few notes for the Pennsylvania senator;

1. Joe Biden can't pardon Trump for a conviction that took place in a state court.
2. When someone is found guilty of 34 felony counts, "convicted felon" is the proper term.
3. There's probably also a proper term for an idea this seriously fucked-up, but it may only be found in medical texts.

Let's just get this out of the way: Pardoning Trump is a blisteringly foolish idea. It's an idea that's not just wrong, it's wrong-headed. Donald Trump should be prosecuted, not pardoned. Period.

What guys like Clyburn and Fetterman are doing is so misguided that Joe Manchin agrees with them. Shouldn't that be enough to let them know how far off the rails they've gone?

Trump does not need the help of Democrats to evade the law. He has an array of federal judges and two-thirds of the Supreme Court in his back pocket making sure that actual justice never comes close enough to interfere with his tee times. The threat that Trump might face serious charges was enough to trigger his black-robed minions to destroy the idea of equal justice under the law and turn the presidency into the kind of unitary executive that would make George Washington weep. Somehow, they managed without Jim Clyburn.

All the federal charges—the only ones that Biden might do anything about in the first place—have already been dropped. So a pardon now would not make one iota of a difference.

Yes, without a pardon those charges (and more) might be resurrected in the future. That's assuming America survives the next four years and still has some form of functioning justice system at the end. That's a big assumption. Considering what's happening now, future justice may consist of Elon Musk and Pete Hegseth combing through social media to target anyone who ever dared to give a thumbs up to a post saying "Black Lives Matter." It's not like they're building those internment camps for just immigrants.

Even as Cyburn and crew were out there calling for a pardon to “clean the slate,” Trump was on television demonstrating just how little interest he has in any peace offering. In his first post-election interview, Trump said he would leave it up to incoming Attorney General Pam Bondi whether or not to persecute special counsel Jack Smith. But Trump very much approved the idea of jailing members of the Jan. 6 committee for their investigation of his attempted coup.

The last thing Trump needs is a bunch of late-to-the-party sycophants hoping that this meaningless offer of a pardon will shield them from the boot when it comes down. It won't.

I'm not discounting the idea that Joe Biden, the last-surviving true believer in comity, cooperation, and the value of institutional traditions, might not pardon Trump in the name of some bygone era where such empty gestures mattered. And if he does, I will sigh, grit my teeth, and wave bye to the man who did everything he possibly could to advance and preserve the nation—and broke himself in the effort.

But no one else gets a break. No one.

I will diligently work to see that any Democratic politician who raises their voice in support of pardoning Trump is replaced by someone who does not fail this fundamental test. I don't care who it is or how often I've been in agreement with them on other issues.

Anyone who believes that the theft of critical national defense documents, a years-long cover-up of federal crimes, and an attempt to overthrow the government of the United States are issues that can be put aside just because it's politically expedient is someone I do not want on my team. The difference between calling for the pardon of Trump, and admitting you don't have any real belief in justice, is so small as to not be worth considering.

So if Clyburn wants to just get in line behind Tulsi Gabbard and Joe Manchin and sign out of the party — go for it. Others should feel free to follow.

It's less than two years to the next congressional election. We won't forget.