Jeffrey Toobin On The Pardon Power

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Jeff is a lawyer and a contributing opinion writer for the NYT, after a long run at The New Yorker and CNN. He has written many bestselling books, including True Crimes and Misdemeanors, The Oath, The Nine, and Too Close to Call. He appeared on the Dishcast in 2024 to talk lawfare, and in this episode we discuss his latest book, The Pardon: The Politics of Presidential Mercy.

We recorded this episode a while back, and we’re posting it this week after Trump promised mass pardons for White House staffers before he leaves office. For two clips of our convo — on Biden’s corrupt pardons, and Trump’s obscene pardons — head to our YouTube page.

Other topics: how pardons can be a beautiful act of mercy; the varying powers among the states; Lincoln’s amnesty for Confederate soldiers but not leaders; Andrew Johnson’s pardon for Jefferson Davis; Johnson’s impeachment; the thousand pardons of Rutherford B Hayes; Ford pardoning Nixon; Jimmy Carter pardoning resisters to the Vietnam War; the Willie Horton furlough and ad; HW’s pardons for Iran-Contra; Clinton pardoning his own brother and Marc Rich; Dubya’s refusal to pardon Scooter Libby against Cheney’s wishes; Dubya advising Obama to have a set protocol; Trump pardoning crooks like Charles Kushner and Paul Manafort who could have testified against him; the blanket pardon of January 6ers; Kim Kardashian’s role in Trump’s pardons; the ICE killings in Minneapolis; and the need for presidents with some basic virtue.

Browse the Dishcast archive for an episode you might enjoy. Coming up: Greg Lukianoff on free-speech fights, Jerusalem Demsas on the state of the left, Tiffany Jenkins on privacy in a liberal democracy, Adrian Wooldridge on “the lost genius of liberalism,” HW Brands on the life of George Washington, Ben Rhodes on foreign policy, and Tom Junod on his dad and masculinity. As always, please send any guest recs, dissents, and other comments to [email protected].