Articles Posted in U.S. Federal Government Information

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A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.

Legal Basis for Preemptive Pardons

The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.

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INTRODUCTION

In recent years, the integrity of the U.S. Supreme Court has faced increasing scrutiny amid reports of unreported financial dealings and alleged ethical lapses by some of its justices. In response, the Court issued its first-ever formal ethics code on November 13, 2023, marking a historic shift toward greater transparency. However, this self-imposed code relies on internal enforcement, leaving critics to question its effectiveness and it’s ability to compare it to more robust measures proposed in Congress. Legislative efforts, such as the Supreme Court Ethics, Recusal, and Transparency Act of 2023 and the Supreme Court Ethics and Investigation Act of 2024 underscore a growing demand for external oversight and standardized accountability.

This article explores the intersection of these developments, examining whether the Court’s new ethics code sufficiently addresses public concerns or if legislative interventions remain necessary to restore trust in the nation’s highest judicial body. By tracing the origins, goals, and limitations of these initiatives, we aim to provide an overview of the ongoing debate over judicial ethics and reform. *

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From Congressional Budget Office (CBO):

CBO’s Budget Director, Philip Swagel, testified before the House Committee on the Budget, September 11, 2024.

Summary of Testimony:

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“On March 11, 2024, the Administration submitted its annual set of budgetary proposals to the Congress. In this report, the Congressional Budget Office* examines how those proposals, if enacted, would affect budgetary outcomes in relation to CBO’s most recent baseline budget projections. Those projections extend from 2024 to 2034 and reflect the assumption that current laws governing federal spending and revenues will generally remain in place.”

Summary:

“On March 11, 2024, the Administration submitted its annual set of budgetary proposals to the Congress. In this report, the Congressional Budget Office examines how those proposals, if enacted, would affect budgetary outcomes in relation to CBO’s most recent baseline budget projections. Those projections extend from 2024 to 2034 and reflect the assumption that current laws governing federal spending and revenues will generally remain in place. CBO’s baseline budget projections and its analysis of the President’s proposals are based on the agency’s economic forecast published in June, which reflects developments through early May. (In this analysis, any feedback from the macroeconomic effects of the President’s proposed policies is excluded.)

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A report from the Congressional Budget Office (CBO)*, October 4, 2024.

This CBO Report discusses prescription drug prices and approaches aimed at reducing those prices. Some of the approaches would cap prices or limit their growth, and other approaches would promote price competition or affect the flow of information.

Summary:

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Congressional Budget Office (CBO)*: The federal budget deficit was $1.5 trillion in the first 10 months of fiscal year 2024, CBO estimates—$103 billion less than the deficit recorded during the same period last fiscal year.

SUMMARY:

“The federal budget deficit was $1.5 trillion in the first 10 months of fiscal year 2024, the Congressional Budget Office estimates—$103 billion less than the deficit recorded during the same period last fiscal year. Revenues were $397 billion (or 11 percent) higher and outlays were $293 billion (or 6 percent) higher from October through July than they were during the same period in fiscal year 2023.

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Isaac Saul and his team have published A Closer Look at the Secret Service in the July 19, 2024, issue of Tangle. The article provides a detailed and balanced description of the Secret Service as an organization from several perspectives, including its history, organizational structure, funding, and the Trump shooting.

We believe that with this article, which needs to be read widely, Isaac Saul and his team have contributed in a significant way to bringing clarity to the issues covered.  We are therefore pleased that Saul has granted us permission to post his article, with an abstract of my own, followed with a link to the entire article.

Quoting from the article: “The effects of the attempted assassination of Donald Trump are sure to reverberate across our country for months — and potentially years — to come.”  “The incident could also have a major impact on the Secret Service — the agency tasked with protecting current and past presidents, their families, and other high-profile politicians.”

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The attempted assassination of former President Donald Trump on Saturday was a dreadful and unspeakable event, marking a significant and alarming blow to America’s already tenuous grasp on democracy and the rule of law. Such an attack on an individual campaigning for the highest office in the nation is not just an act of violence against a person but a direct assault on the foundational principle that every voter has the right to choose their representatives freely and without fear.

The health of a democracy relies on the steadfast rejection of political violence as a tool to silence opponents, particularly those whose views we find most objectionable. The moment we resort to such means, we undermine the very fabric of democratic society. For democracy to thrive, it is essential to tolerate a broad spectrum of views, even those that challenge our own beliefs. Respecting the choices made by the electorate, even when they result in the election of candidates we vehemently oppose, is crucial.

.Amherst professor Austin Sarat in his essay, Trump Assassination Attempt is the Latest Threat to America’s Already Fragile Democracy, But it is Not the One, published in VERDICT, discusses this topic in greater detail. Quoting from professor Sarat’s  introduction:

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Over the past three months, the Congressional Budget Office has produced a variety of budget and economic analyses, cost estimates, and analytic products, thus fulfilling its core mission of supporting the Congress during each stage of the legislative process. This newsletter is a companion to CBO’s Recent Publications and Work in Progress as of June 30, 2024, which offers a summary of recent publications and those scheduled to be released in the coming months.

CBO also regularly publishes presentations and budget and economic data, which can be found on the agency’s website.

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According to the Congressional Budget Office the federal budget deficit was $1.2 trillion in the first eight months of fiscal year 2024, CBO estimates—$38 billion more than the deficit recorded during the same period last fiscal year.

SUMMARY:

The federal budget deficit was $1.2 trillion in the first eight months of fiscal year 2024, the Congressional Budget Office estimates—$38 billion more than the deficit recorded during the same period last fiscal year. Revenues were $294 billion (or 10 percent) higher and outlays were $332 billion (or 8 percent) higher from October through May than during the same period in fiscal year 2023.

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