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National Review
National Review
14 Jan 2025
Jim Geraghty


NextImg:The Corner: Should We Ban Pardons Between Election Day and Inauguration Day?

A reader of the Wall Street Journal writes in to the paper, urging the country to adopt a Constitutional amendment that would bar pardons and executive orders between Election Day and the inauguration.

I could see the argument that a complete ban on executive orders for more than two months would be too much of an impediment to the president performing his duties. For example, Joe Biden issued an executive order closing federal agencies on January 9 for a national day of mourning for former president Jimmy Carter. Biden signed some executive orders declaring orders of succession in the positions of National Cyber Director, Office of Management and Budget, and Departments of Justice, Treasury, Homeland Security and Agriculture. Not every last minute action of Biden has been bad, or even all that consequential.

But a Constitutional ban on pardons between Election Day and the inauguration sounds pretty appealing right now. (Biden is reportedly considering preemptive pardons to prominent critics of President-elect Trump, individuals who are not currently being either investigated or charged with crimes. This is akin to a get-out-of-jail free card from Monopoly.)

If a president wants to make a particularly controversial pardon, let him do so in a way ensuring either he, or his party’s successor, will face the consequences in the form of the voters’ judgment.