Presidential pardons: Mercy, or favouritism?
By Prof. Samuel Lartey
Introduction
ON December 1, 2024, U.S. President Joe Biden granted a controversial full pardon to his son, Hunter Biden, who had faced federal gun and tax convictions.
This act reignited debates about the motives and implications of presidential pardons, a constitutional power designed to offer clemency but often criticized as a tool of favoritism.
While presidential pardons are common in the United States, especially during the final days of a presidency, similar practices in Ghana highlight both cultural parallels and differences in their use and impact.
This article explores the essence of presidential pardons, why they are frequently granted at the end of terms, their tendency to favor close allies, and how these dynamics manifest in Ghanaian politics, businesses, and homes.
What Is a Presidential Pardon?
A presidential pardon is the legal authority of a head of state to forgive individuals convicted of crimes, absolving them of penalties and restoring their rights.
In the United States, this power is enshrined in Article II, Section 2 of the Constitution, while Ghana’s Constitution under Article 72 provides similar powers to the president, exercised with advice from the Council of State.
The rationale for pardons typically falls into three categories:
1. Mercy:
Addressing cases of perceived unfairness or demonstrating compassion for rehabilitated individuals.
2. Systemic Reform:
Correcting judicial or systemic injustices.
3. Reconciliation:
Healing political or societal divisions, often after periods of conflict.
Why Are Pardons Often Granted at the End of a Presidency?
Presidents frequently exercise pardon powers at the close of their terms, primarily due to the following reasons:
1. Shielding Political Fallout:
As outgoing leaders, presidents face less scrutiny and electoral backlash for controversial decisions.
2. Legacy Shaping:
Acts of clemency can frame presidents as compassionate or visionary leaders.
3. Favoritism:
End-of-term pardons often include high-profile allies, friends, or family members, raising concerns about ethical abuse of power.
For instance, former U.S. President Donald Trump issued 143 pardons in his final days, including one for his advisor, Steve Bannon. Similarly, Bill Clinton’s 2001 pardon of Marc Rich, a financier with ties to Clinton’s allies, sparked national outrage.
In Ghana, former President John Mahama’s pardon of the Montie 3 in 2016, three party-affiliated individuals convicted of contempt, drew sharp criticism, with many accusing him of undermining judicial authority.
Favouritism in Pardons: Mercy or Abuse?
The perception of favouritism in presidential pardons is not new. In the U.S., notable examples include:
• Roger Clinton’s Pardon:
President Bill Clinton pardoned his half-brother Roger, convicted of drug charges, fueling accusations of nepotism.
• Hunter Biden’s Pardon:
Critics argue President Joe Biden’s clemency for his son undermines the justice system’s impartiality.
In Ghana, Tsatsu Tsikata’s 2008 pardon by former President John Kufuor, justified on health grounds, was viewed by some as politically motivated due to Tsikata’s affiliation with the opposition National Democratic Congress (NDC).
Why Is This Heavily Practiced in the United States?
The frequent use of pardons in the U.S. is shaped by:
1. Broad Constitutional Powers:
U.S. presidents have expansive and largely unchecked clemency authority.
2. High-Profile Legal Battles:
Political and corporate figures are often embroiled in legal controversies, creating more opportunities for controversial pardons.
3. Media Transparency:
The U.S.’s highly visible political culture ensures pardons receive intense scrutiny.
In Ghana, although less frequent, pardons are similarly contentious due to the nation’s political polarization and the advisory role of the Council of State, which offers a layer of oversight absent in the U.S.
Parallels in Businesses and Homes
The concept of “pardoning” extends beyond politics into businesses and families:
- In Business:
Corporate leaders often “forgive” loyal associates or family members for breaches, mirroring political favoritism. In Ghana, accusations of nepotism in awarding contracts or promotions often reflect this dynamic.
- In Families:
Parents frequently show favouritism by excusing repeated misbehavior from certain children, creating inequalities that mimic broader societal structures.
Economic and Social Impacts
Presidential pardons can have profound economic and social implications:
• In the U.S.:
Despite millions in tax evasion, cases like Marc Rich’s pardon eroded public trust in the tax system.
• In Ghana:
Acts such as the Montie 3 pardon risk undermining the judiciary’s authority and fostering a culture of impunity.
Conclusion
Presidential pardons embody the delicate balance between justice and mercy. While they serve as tools for correcting injustices and fostering reconciliation, their misuse for favoritism or political gain undermines public trust in governance.
President Joe Biden’s recent pardon of his son, Hunter, exemplifies the challenges of navigating this balance, raising questions about fairness and impartiality.
In Ghana, similar controversies underline the need for accountability and transparency in wielding this powerful constitutional privilege. Whether in politics, business, or homes, the act of pardoning requires wisdom and fairness to maintain its integrity as an instrument of justice.
