The Big Pardon

Aside: It's time to get rid of the Espionage Act of 1917 already ...

Introduction

In the annals of American history, we stand at a unique juncture. For the first time ever, a former president, Donald J. Trump, faces an indictment, accused of mishandling state secrets during his tenure as the nation's leader. The charges against him, brought about under the contested 1917 Espionage Act, have riled the nation, reigniting debates over fairness, justice, and the role of political maneuvering in our judiciary system. A potential courtroom drama certainly looms large, promising a fresh round of bitter partisanship and further fracturing an already divided populace.

As we stop and ponder this extraordinary moment, an unexpected proposition emerges. One, while undoubtedly controversial, could be the antidote to the absurdity of our current political acrimony: President Joe Biden should pardon Donald Trump. This proposal, which initially you might find quite jarring, is not an endorsement of the alleged offenses Trump committed. Rather, it is a call for strategic leniency, grounded in a broader vision of healing the nation, safeguarding democratic institutions, and subtly undermining Trump's political potency.

On the surface, it may seem counterintuitive. After all, why should Biden extend such a dramatic act of clemency to his predecessor, a man who has often publicly maligned him and sought to undermine his presidency? The answer lies not in the realm of short-term political gains, but in the long game of legacy, leadership, and the strengthening of a country's faith in its institutions. If played correctly, this could be a masterstroke, one that brings unexpected benefits to Biden, to the perception of the presidency, and ultimately, to the nation.

Historical Context

The Espionage Act of 1917, the statute under which Trump is being prosecuted, carries with it a complicated legacy. Enacted by Woodrow Wilson during World War I, it was designed to protect military secrets and prevent interference with military operations. However, its broad language and heavy penalties made it a tool for stifling dissent and prosecuting a wide array of perceived threats to national security.

The infamous case of Socialist leader Eugene V. Debs, who was convicted under the Act for delivering an anti-war speech, stands as a stark reminder of the Act's potential misuse. While this conviction has since been widely condemned as an abuse of the law and a clear violation of Debs' First Amendment rights, it nonetheless laid bare the Espionage Act's capacity for overreach.

Since then, the Act has been applied not only to real spies, such as Julius and Ethel Rosenberg, who were executed for passing nuclear secrets to the Soviet Union, but also to whistleblowers like Daniel Ellsberg, Edward Snowden, and Chelsea Manning, who exposed governmental wrongdoings. Thus, the Espionage Act has been criticized for failing to distinguish between those who commit espionage against the country and those who expose governmental misdeeds, highlighting a profound tension between national security and public transparency.

In this historical context, Trump's indictment raises significant questions. Despite his undoubted mishandling of classified documents for reasons of personal vanity rather than informing the public, Trump, like the whistleblowers before him, is caught in the wide net cast by the Espionage Act. It's essential to recognize this nuance to fully appreciate the implications of his indictment and why a pardon might not just be morally and strategically sound, but also consistent with a long-standing critique of the Act itself.

The Legality and Morality

In light of this history, it is important to examine Trump's alleged actions and the subsequent charges within a legal and moral context. The former president is not a whistleblower who sought to expose governmental wrongdoings, nor is there evidence suggesting that he is a spy. The mishandling of classified documents on his part appears to be more a result of his egocentrism rather than a malevolent intent to harm national security. Yet, the Espionage Act does not provide room for such distinctions.

Equally important to note is the precedent set by previous cases of mishandling classified information. High-ranking public officials, including Bill Clinton's national security advisor Sandy Berger and former CIA director David Petraeus, have committed similar breaches. Yet, they faced relatively minor consequences compared to the indictment that Trump now confronts. The question arises, then, why is Trump being held to a different standard?

A further layer of complexity arises from the case of Hillary Clinton, who was cleared of charges relating to her mishandling of classified information on her private email server when she was Secretary of State. While the circumstances differ, parallels exist between Trump and Clinton's cases. If we are to hold that the equal application of law is the bedrock of justice, Trump's indictment, following Clinton's exoneration, raises legitimate concerns about the selective application of the Espionage Act.

However, it is not just about the legalities; it's also about morality. To indict a former president under a statute as contentious as the Espionage Act sets a dangerous precedent. The potential for political motivations (as President Trump was all to willing to embrace while in office) and the subsequent eroding of public faith in our judicial system is, in my mind, too high a price to pay. This indictment appears less an application of justice and more a potent weapon in the ongoing political war, risking the further polarization of our society.

Hence, a pardon, while seemingly contradictory, might indeed be the morally right thing to do. It would not only be a means of redressing the uneven application of the law but also a vital step towards defusing a potential crisis of faith in our legal institutions.

The Impact on Trump

Pardoning Donald Trump has the potential to cast him in a light that is the antithesis of the image he has crafted for himself. Trump, the self-proclaimed maverick who rode a wave of populist anger into the White House, has built a persona of invincibility and defiance. In his narrative, he is the man who stands tall against the 'swamp' of Washington. A pardon from President Biden would disrupt this carefully constructed facade, positioning Trump as the beneficiary of mercy rather than a victim of a so-called 'witch hunt.'

A pardon also undermines the perception of Trump as a martyr, a narrative that he and his supporters have seized upon in the aftermath of his impeachment and throughout his current legal struggles. If Trump is pardoned, the narrative switches from Trump the martyr, persecuted by his enemies, to Trump the forgiven, who needed saving by a political rival he consistently demonized.

Moreover, pardoning Trump may provide a unique opportunity to change the narrative around his presidency. Instead of his term ending with an array of legal battles, the pardon could mark a transition towards a more sober reflection of his policies and their impact, free from the sensationalism and partisan battles that currently dominate the discourse.

Finally, a pardon does not absolve Trump of the alleged transgressions; it merely suspends the punishment. If anything, it could serve to highlight the seriousness of his actions and their potential consequences had it not been for the pardon. The image of a former president needing a pardon is far from the image of strength Trump wishes to project. Pardoning Trump might paradoxically achieve what the trials aim to: showcase his weaknesses and wrongdoings, while doing less damage to our democratic institutions.

The Impact on the Public Perception and the Nation

A pardon for Donald Trump would undeniably stir public sentiment. It could provoke outrage, from those who believe that Trump must face the full force of the law, to relief, from his supporters who believe in his victimization narrative. However, a nuanced understanding of a presidential pardon – not as absolution but as a tool for national healing – could shift public perception towards appreciation for this unconventional act of leadership.

This isn't merely theoretical. History provides a precedent in President Gerald Ford’s pardon of Richard Nixon. While initially seen as a gross miscarriage of justice, many have come to understand and appreciate Ford's decision as an attempt to help a deeply divided nation move forward from the trauma of Watergate. Given the tumultuous political climate in the U.S today, a similar argument could be made for pardoning Trump.

The pardon could also present an opportunity for the nation to break free from the endless cycle of divisive partisanship that's currently plaguing the country. The act could represent a move towards unity, transcending the political tribalism that seems to have gripped the nation. Biden’s campaign promise was to be a president for all Americans, not just those who voted for him. By pardoning Trump, Biden can signal his commitment to this promise, taking a step towards reconciliation.

Moreover, the pardon can reorient the public's focus from the legal spectacle surrounding Trump towards the serious policy discussions that need to happen. It's undeniable that the nation has pressing issues to address – from the economic fallout of the COVID-19 pandemic to systemic racial inequality and climate change. The incessant focus on Trump’s legal woes threatens to eclipse these critical dialogues.

By pardoning Trump, Biden can also make a broader statement about the power of mercy and empathy in politics. At a time when politics is characterized by a no-holds-barred approach, and where adversaries are viewed as enemies rather than fellow citizens with differing opinions, a pardon could serve as a potent symbol of humanity and compassion. Such a gesture could reaffirm the strength of democratic values and inspire a kinder, more inclusive national discourse.

Biden's Presidential Legacy

As Biden navigates his presidency, he must consider how he wants to be remembered. Every president leaves a legacy, a tangible record of their impact on the nation. A presidential pardon for Trump may at first seem counterintuitive to his narrative, but it could also serve to elevate it, carving out a unique place for him in history.

In pardoning Trump, Biden would distinguish himself as a leader unafraid of making unpopular decisions for what he deems to be the greater good. He would be seen as someone who prioritized the unity of the nation over personal or political animosity. This single act of pardoning a former adversary could overshadow any criticism of being a conventional politician and elevate him to the status of a statesman who dared to take the path less traveled for the sake of the nation.

Furthermore, by setting a precedent of mercy over vengeance, Biden could help define the character of presidential leadership for future generations. His legacy could be one of unity and empathy, of understanding that while justice is essential, it is compassion that heals. This approach would show future leaders that political courage can sometimes mean choosing reconciliation over retribution.

Lastly, in terms of policy-making, pardoning Trump could provide Biden the much-needed space to focus on his legislative agenda. Instead of the public narrative being continuously drawn back to Trump, Biden can direct the national conversation towards the issues that matter to his presidency. Consequently, his policy achievements have the potential to stand out more prominently, contributing positively to his legacy. His time in office would be remembered not for the trials and tribulations of his predecessor, but for his efforts in advancing the welfare of the American people.

Conclusion

Pardoning Trump is not about absolving him of any wrongdoing or neglecting the pursuit of justice. It's about taking the high road for the sake of our nation's healing and future. It's about setting a precedent that would remind us that, even in our most contentious political moments, we can still choose unity over division and compassion over vengeance. The use of the presidential pardon in this case would not be a sign of weakness, but a powerful symbol of magnanimity and a demonstration of leadership in the face of adversity.

This act of forgiveness would also serve to emphasize Trump's recklessness and negligence, casting him in the light of someone who needed to be pardoned for his misguided actions. In this context, the pardon is not a badge of honor for Trump; rather, it's a constant reminder of his failure to uphold the sanctity of the office he once held.

For Biden, this decision could be the defining moment of his presidency, demonstrating his uncanny ability to rise above the fray and showing a commitment to healing the wounds that have been inflicted on our body politic. This, in itself, would be a bold act of leadership, a testament to his resolve to put the nation before personal or political considerations.

Pardoning Trump might not be the most popular course of action, but sometimes, the right decision isn't always the most popular one. Sometimes, it requires looking beyond the present, setting aside our immediate emotions and acting in the best interest of the future of the nation. The preservation of our democracy might very well depend on this ability to elevate ourselves beyond the present and make decisions that will guide us towards a more unified future.

In pardoning Trump, Biden would be taking a solid first step towards that future.