An abuse and a cheapening of the institution of presidential pardons

Last month, Washington, D.C. was caught in a huge blizzard. But the white flakes floating down were not all snow; they were the veritable storm of presidential pardons swirling through the air.

In the last days of his administration, outgoing President Biden issued pardons to thousands of convicted prisoners, including a sweeping pardon to his own son.

Not to be outdone, incoming President Trump issued wholesale pardons to those convicted for the recent January 6 insurrection, including those who had assaulted police officers.

We have just witnessed, l’havdil, a wholesale Yom Kippur — and, I would submit, an abuse and a cheapening of the institution of presidential pardons.

The message is clear: If one has a friend in the White House, one can be convicted of serious crimes and still be assured of a presidential pardon.

An occasional pardon in view of unusual circumstances is understandable — a gift to someone who has stumbled — but pardons en masse call into question the entire concept of reward and punishment.

One of the purposes of punishment is deterrence: to act as a warning to those who would emulate this crime, and to broadcast the idea that our actions have consequences. But if there is no punishment, there is no deterrence, and no lessons learned.

An additional purpose of punishment is retribution, which indicates society’s moral condemnation and disapproval of the criminal act.

A pardon exonerates the lawless act, erasing it entirely from the books. Undeserved pardons, or those granted not as acts of justice or reconciliation but for political reasons, simply encourage lawlessness and embolden others to engage in future violations.

In Jewish tradition, pardon and forgiveness are not effectuated without some active and genuine initiative from the sinner — the process known as teshuvah.

Of course, observant Jews ask G-d three times each day, “Selach lanu Avinu ki chatanu, mechal lanu Malkeinu ki pashanu…. Forgive us, our Father, for we have sinned, pardon us, our King, for we have transgressed.” Obviously, this forgiveness is dependent on sincere regret and remorse.

Do the January 6 rioters regret what they did? Is Hunter Biden remorseful about his laptop escapades? It is not unfair to suggest that their regret and remorse are limited to the fact that they were caught and convicted, and not beyond that.

In contrast, the pardons we ask of our Creator are predicated on our sincere remorse and our resolve not to repeat the offense. Rambam in his Hilchos Teshuvah and Rabbeinu Yonah in his Shaarei Teshuvah, discuss in great detail the manifold aspects of asking for Divine pardon.

G-d very much desires to forgive. See numerous examples such as “Ki yemincha peshutah lekabel shavim — Thy right hand is outstretched to accept returnees…” from Selichos, as well as Yechezkel 18:23. In fact, the Talmud declares that the concept of repentance was created before the world was created (Nedarim 39b), which echoes the prophet’s classic statement Shuvu Eilai… Return unto Me and I will return unto thee….” (Malachi 3:7.)

The Hebrew word for sin, cheit, implies a missing of the mark, a lessening of the individual. When a person sins, he becomes a diminished human being. But when he repents and receives pardon, the fullness of his original self is restored to him

From Biden and Trump we learn that friends in high places are very helpful in the pardon process. If we are seriously seeking our own personal pardon, it is crucial to maintain our connection with He Who resides in High Places. We can enhance this relationship with heartfelt prayer, genuine repentance, and serious tzedakah and chesed. With these in hand, pardon will surely be granted to those who sincerely seek it.

For every Jew has a Friend in High Places. We need only knock on the door.

(Originally featured in Mishpacha, Issue 1048)