Should Biden Pardon Trump?

Fresno Bee, January 24, 2021

On his way out the door, Donald Trump pardoned a bunch of his buddies. Trump didn’t pardon himself, as some suspected he would. And now one wonders whether President Biden might consider a pardon for Trump.

At his inauguration, Biden spoke of unity, love and healing. Would a Trump pardon help? This was Gerald Ford’s reasoning when he pardoned Richard Nixon. Ford explained, “the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former president of the United States.”

There is much to think about here. What is the role of justice and pardon in the life of the nation? And in our own lives?

The pardon power is easily abused. Trump pardoned his cronies, including his son-in-law’s father. Bill Clinton pardoned his brother, Roger Clinton. And Arnold Schwarzenegger commuted the murder sentence of the son of a political ally.

The pardon power exists because the judicial system is a blunt tool. The executive can make exceptions that correct failures and excesses — or that recognize the unique circumstances of wrongdoers.

Presidents Ford and Carter commuted the sentences or granted amnesty to tens of thousands of Vietnam era draft dodgers and deserters. After conscription was abolished and the war ended, it seemed odd to punish those who refused to fight.

Not everyone was happy about this. Those who obeyed the law and fought in Vietnam resented this move. It seemed to discredit their own service and sacrifice.

Justice requires fair and equal treatment. It also demands negative consequences for wrongdoing. If you do the crime, they say, you must do the time.

Strict retributivists argue that forgiveness is unjust since it fails to give wrongdoers what they deserve. But justice is not the only thing that matters. Forgiveness is beneficial emotionally and psychologically. It heals resentment and promotes kindness. Mercy can build reconciliation and help create a new future.

The world’s religious traditions often celebrate these values. Some even imagine God as merciful and compassionate. But how does God’s mercy relate to divine justice? If you want to generate an argument, ask a friend whether they think God would forgive Hitler.

Forgiveness is an exception to the rule of punishment. For this reason it appears arbitrary and capricious. It unfolds that way in our own emotional lives. Anger and resentment fester, until one day they fade away. It is often not clear why this happens.

There is a mystery here that theologians call grace. Forgiveness is a gift. To forgive is to give up on anger and the demand for punishment. It is to give in to love, compassion, and other tender-hearted values.

But should presidents and governors have the power to bestow this kind of gift? In the old days of kings and emperors, people thought that the sovereign’s mercy was guided by God. But we know that our leaders are merely human. And we see that the pardon power can be abused for corrupt and venal purposes.

Nepotism and cronyism are obvious problems. It is wrong to use the promise of a pardon to create loyalty in the cover up of a crime. It is also wrong to sell pardons or to pardon political cronies. These corrupt uses of the pardon power make it appear that justice is not blind, but that she is only winking at the rich and well-connected.

This shows us the deep political problem of the pardon power. Its promiscuous usage undermines faith in the rule of law and the fairness of the justice system. In defense of the rule of law, it seems that we must make examples of those who break the law.

After Ford pardoned Nixon, many were outraged at justice denied. The tranquility Ford hoped for failed to materialize. Nixon appeared to have gotten away with his crimes. As a result, Ford’s political power waned.

So after you are done arguing about God and Hitler, turn the conversation to Ford and Nixon — and Biden and Trump. What is the function of justice, punishment, and pardon in the life of our nation? And what is the role of mercy and forgiveness in your own life?

Erotic Untruth and the Violence of January 6

The January 6 attack on the US Capitol gives us a lesson in the futility of violence.

Human beings have a terrifying tendency to kill each other over horseshit (to use a technical term).  Violence typically rests upon a delusion.  The bigger the lie, the worse the violence. 

Religious and ideological warfare are extreme cases.  Terrorism and cult violence routinely occur: with Jonestown, Heaven’s Gate, Aum Shinrikyo, the Manson Family, in Waco with David Koresh, and so on.  There is an analogy linking QAnon to al Qaeda. 

Some of the Trump insurrectionists believed outrageous falsehoods: that Biden and Pelosi were communists; that Covid-19 was a sinister plot; that pedophiles, Satanists, and lizard people had infiltrated the government.  This horseshit was accompanied by other more insidious lies: that the election had been stolen; and that the Congress and Vice-President could overturn the Electoral College. 

A broth of bullshit was brewing when the President said, “Our country has been under siege for a long time.”  He said, “If you don’t fight like Hell, you’re not going to have a country anymore.”  This rhetoric is eschatological and existential.  It is not surprising that the pot boiled.

The rioters believed they were patriots leading a noble revolution.  But they did not seem to think beyond the immediate outburst of violence.  What was supposed to happen next?  And why did they think they could get away with it?

Some have blamed the rioters’ obliviousness on the sense of impunity that comes from white supremacy.  But at bottom this was a product of the delusion of violence.

Violence is mired in immediacy.  It is reactive and episodic.  Violence focuses the mind on the present moment.  Violence promises simplicity, clarity, and consummation.

This promise is false, of course.  But violence is not about truth.  It is about power in the moment.  It is an expression of anger and contempt.  It is not strategic.  It is emotional, exciting, and erotic.

Tangled webs of braggadocio and bullshit typically lead to violence.  Closed networks reinforce delusion and breed a sense of superiority and impunity.  Critical thought is destroyed by anger, fear, and the love of brothers-in-arms.  When the delusions are eschatological, common sense is trampled underfoot. 

We have known that violence is rooted in psycho-social dynamics since Cain killed Abel and Achilles sailed off to Troy.  Freud described how hate and violence are perversely linked to love.  Aggression against “the other” binds us together and gives us meaning. 

It does not matter that our ideology is a lie.  In fact, falsehood binds us tighter together in an erotic dance.  When some “other” challenges our delusions, we strike out.  When those delusions involve love and identity, the other becomes a menace who must be destroyed. 

Religious violence has often worked this way.  Sometimes religious violence involves tangible conflicts about land or resources.  The Crusades had political and economic causes.  But the faithful frequently fight in the name of the fabulous.  The warriors themselves want glory, as well as penance and atonement.  They want to be purged and healed, uplifted and inspired.

And so human beings continue to kill and die in defense of unprovable myths.  The most dangerous myth of all is the myth that links violence to righteousness and redemption.  Prior to Trump’s speech on January 6, Rudy Giuliani proposed “trial by combat.”  This medieval nonsense holds that somehow the gods ensure that the righteous defeat the unholy. 

But violence has nothing to do with morality.  Good guys get killed as easily as bad.  Violence occurs at the level of physical power.  It decides nothing about truth, holiness, or moral worth. 

The myth of violence is essentially pagan.  It reflects a primitive theology.  To view the world as a battlefield supervised by the gods is to ignore a more elevated notion of the divinity.  If there is a God, wouldn’t He want us to reason together rather than to kill each other? 

The solution to the problem of violence is as old as Jesus and Socrates.  Jesus said the peacemakers were blessed.  And Socrates encouraged us to ask critical questions about the horseshit that encourages violence.  The truth is that violence is not reasonable.  Nor is it loved by the gods.