Pardon Me! Moving from authoritarian to dictatorial rule with the stroke of a pen
On April 16, 2025, Chief U.S. District Judge James Boasberg found probable cause to hold Trump administration officials in criminal contempt for willfully defying his March 15, 2025, injunction halting deportations of alleged Venezuelan gang members under the Alien Enemies Act without due process.
Boasberg had given the administration until April 23 to "purge their contempt" by identifying specific decision‑makers or detailing steps to allow detainees to challenge their removal.
During an April 3 hearing, Boasberg questioned DOJ counsel about who had ordered the flights to continue and warned that contempt proceedings were imminent if answers were not forthcoming.
All of this will be moot, however.
As noted by author and constitutional law scholar Kim Wehle in her book, Pardon Power, and anyone with a fleeting knowledge of the American Constitution is aware, these problems can be resolved with the stroke of a pen. We are, of course, referring to the presidential pardon.
Interviewed on National Public Radio's Morning Edition, Wehle noted that the concept of a pardon originated in English common law, where a pardon was an act of mercy for someone who had been falsely convicted of a crime.
"Just like it's a sort of piece of a monarchy, it executes in a way that puts presidents above the law right now, because there really isn't meaningful checks on it," Wehle said in the September 4 interview. "There is no way to appeal a pardon, and it wipes out the work of the other two branches."
Should Boasberg press forward and eventually put officials on trial for contempt, all Trump has to do is pardon those individuals. Should these officials be convicted and an appeal makes its way to the U.S. Supreme Court, Trump has promised to follow their rulings if they are not in his favor.
However, should they be convicted, Trump would immediately pardon these individuals. It would never make its way to the U.S. Supreme Court because Trump would pardon them, so his supporters will argue he did not disobey their rulings, not that the three Trump justices, along with Justices Clarence Thomas and Samuel Alito, would ever dare rule against him.
Furthermore, should these matters advance, Trump could take the same action former President Joe Biden took when he issued preemptive pardons for a large group of people that Trump promised to prosecute. Mr. Trump could offer blanket immunity to anyone enforcing these or any other blatantly unconstitutional policy, thereby neutering the judicial and legislative processes.
And don't rely on any of Trump's cabinet members or the Republican Senate and Congressional majorities to tell the king he is naked. They are cowardly and will not take legislative action lest they fear their own "removal."
Wehle also noted in the NPR interview the following:
"And so they are going to bring people into the administration with complete, abject loyalty, offer them pardons - that information could be kept secret, potentially, under the immunity ruling - and populate the massive, powerful apparatus of the executive branch with people that are willing to commit crimes. And that will be the end of democracy, because when you've got the power of the commander in chief, the military, the FBI, the CIA, federal law enforcement, the IRS, the ability to spy on individuals, the ability to conduct bogus investigations, and people know they can engage in that with impunity - that is not democracy. That is something closer to a dictatorship."
Surprisingly, Trump has not issued these preemptive pardons, perhaps because it is too early in the proceedings. Or the sole sane person in his inner circle, whoever that might be, is restraining the president.
Regardless, this topic has sparked discussion that the United States is on the brink of, or already in, a constitutional crisis. Undoubtedly, we have entered that arena, but we have a slightly expanded view: we are not just facing a constitutional crisis, but a crisis of democracy.
Since taking office in January, many have argued that Trump is an authoritarian but not quite a Hitler or fascist. We agree that Trump is an authoritarian who, we believe, will attempt to leap into a dictatorship.
All it takes is a stroke of the pen.
On a side note, Federal Reserve Chair Jerome Powell ought to watch his back. Trump could force him out, and those executing the president's order would be protected.
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2 comments
Just as Nero fiddled while Rome burned, so shall Americans will as our democracy is torn apart piece by piece.
Thanks, Dan for showing mainstream America just how close we all are to a Constitutional crisis and the failure of democracy. It really is this tenuous. With members of both Congressional houses scared to defy this president, he essentially is a dictator. Trump hasn’t done this single-handedly, the vast majority of Congress is just as culpable. They have all violated their oath to defend the Constitution against all enemies foreign and domestic.
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