Several years ago my wife and I formed a not-for-profit agency created to support Utah’s Drug Court community and its alumni. One of our objectives was to help graduates, who could demonstrate a sustained period of sobriety and a crime free life, by allowing them to have their criminal records expunged. Several forward-thinking members of the Utah Legislature were instrumental in amending Utah law to more easily allow for this process. The Utah Board of Pardons has acted similarly merciful in assisting former convicts get their records pardoned after showing an extended period of a crime free and productive life. Prosecutors, legislators and judges agree that the albatross of a felony conviction needn’t hang over a good person’s life forever.
Expungements and pardons are virtually the same thing. They are both designed to reward and forgive bad behaviour by otherwise good people, but only after a lengthy period of time and good conduct.
Recently, it has been difficult for me to see former President Biden and President Trump hand out pardons in ways they were never meant to be used. Both presidents have issued preemptive pardons. Pardons for crimes that may have been committed, pardons for crimes that have been committed, but not charged, pardons for crimes no one but the person who committed them knows about, yet … the Supreme Court has given the president nearly blanket immunity. Preemptive pardons allow a president to enlist the help of any willing person to commit crimes for him with the promise of future immunity from any federal prosecution if they someday get caught.
Are we a nation governed by men, or by laws?
Former President Biden pardoned his son, Hunter, after repeatedly promising that he wouldn’t. It wasn’t done to reward good conduct, repentance, or being a model citizen. Hunter Biden will never share any of these traits. Rather he was pardoned because Joe Biden thought the prosecution was political. Keep in mind that Hunter was charged by a special prosecutor appointed by Joe Biden’s own Justice Department. And Hunter was convicted by the unanimous concurrence of 12 jurors, whose political affiliation is unknown.
Trump pardoned the Jan. 6 insurrectionist for being “patriots,” notwithstanding that many believe they were attempting to overthrow the U.S. government, and overturn the Constitution by riot.
Americans are upset at both presidents and understandably so. All of these pardons were done for the wrong reasons and not to reward good behaviour. In the Hunter Biden and the insurrection cases, the convictions were the result of incredibly hard work and effort by law enforcement, prosecutors, defense attorneys, juries and judges. And all of that hard work has now been completely disregarded in the name of politics.
This is a huge blow for the rule of law. This is a black eye for the best criminal justice system in the world. This is a sad time for America.
Greg Skordas, Salt Lake City
