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Prospect of Pardons in Final Days Fuels Market to Buy Access to Trump (NYTimes)
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VegasJerry
Jan 17, 2021, 1:34:06 PM1/17/21
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Prospect of Pardons in Final Days Fuels Market to Buy Access to Trump (NYTimes)
The president’s allies have collected tens of
thousands of dollars — and potentially much
more — from people seeking pardons.
WASHINGTON — As President Trump prepares to leave office in days, a lucrative market for pardons is coming to a head, with some of his allies collecting fees from wealthy felons or their associates to push the White House for clemency, according to documents and interviews with more than three dozen lobbyists and lawyers.
The brisk market for pardons reflects the access peddling that has defined Mr. Trump’s presidency as well as his unorthodox approach to exercising unchecked presidential clemency powers. Pardons and commutations are intended to show mercy to deserving recipients, but Mr. Trump has used many of them to reward personal or political allies.
The pardon lobbying heated up as it became clear that Mr. Trump had no recourse for challenging his election defeat, lobbyists and lawyers say. One lobbyist, Brett Tolman, a former federal prosecutor who has been advising the White House on pardons and commutations, has monetized his clemency work, collecting tens of thousands of dollars, and possibly more, in recent weeks to lobby the White House for clemency for the son of a former Arkansas senator; the founder of the notorious online drug marketplace Silk Road; and a Manhattan socialite who pleaded guilty in a fraud scheme.
Mr. Trump’s former personal lawyer John M. Dowd has marketed himself to convicted felons as someone who could secure pardons because of his close relationship with the president, accepting tens of thousands of dollars from a wealthy felon and advising him and other potential clients to leverage Mr. Trump’s grievances about the justice system.
A onetime top adviser to the Trump campaign was paid $50,000 to help seek a pardon for John Kiriakou, a former C.I.A. officer convicted of illegally disclosing classified information, and agreed to a $50,000 bonus if the president granted it, according to a copy of an agreement.
And Mr. Kiriakou was separately told that Mr. Trump’s personal lawyer Rudolph W. Giuliani could help him secure a pardon for $2 million. Mr. Kiriakou rejected the offer, but an associate, fearing that Mr. Giuliani was illegally selling pardons, alerted the F.B.I. Mr. Giuliani challenged this characterization.
After Mr. Trump’s impeachment for inciting his supporters before the deadly riot at the Capitol, and with Republican leaders turning on him, the pardon power remains one of the last and most likely outlets for quick unilateral action by an increasingly isolated, erratic president. He has suggested to aides he wants to take the extraordinary and unprecedented step of pardoning himself, though it was not clear whether he had broached the topic since the rampage.
He has also discussed issuing pre-emptive pardons to his children, his son-in-law and senior adviser, Jared Kushner, and Mr. Giuliani.
A White House spokesman declined to comment.
Legal scholars and some pardon lawyers shudder at the prospect of such moves, as well as the specter of Mr. Trump’s friends and allies offering to pursue pardons for others in exchange for cash.
“This kind of off-books influence peddling, special-privilege system denies consideration to the hundreds of ordinary people who have obediently lined up as required by Justice Department rules, and is a basic violation of the longstanding effort to make this process at least look fair,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 until 1997 as the United States pardon attorney.
There are few historical parallels. Perhaps the closest occurred in the final hours of Bill Clinton’s administration when he issued 170 pardons and commutations, some of which went to people who paid six-figure sums to his family and associates. But even Mr. Clinton, who was seen as flouting protocols, mostly rewarded people who had gone through an intensive Justice Department review process intended to identify and vet the most deserving recipients from among thousands of clemency applications.
Mr. Trump has shunned that process more than any recent president, creating an ad hoc system in the White House that Mr. Kushner has had significant influence over and has relied on input from an informal network of outside advisers, including Mr. Tolman. That system favors pardon seekers who have connections to Mr. Trump or his team, or who pay someone who does, said pardon lawyers who have worked for years through the Justice Department system.
Few regulations or disclosure requirements govern presidential clemency grants or lobbying for them, particularly by lawyers, and there is nothing illegal about Trump associates being paid to lobby for clemency. Any explicit offers of payment to the president in return could be investigated as possible violations of bribery laws; no evidence has emerged that Mr. Trump was offered money in exchange for a pardon.
____________________
The president’s allies have collected tens of
thousands of dollars — and potentially much
more — from people seeking pardons.
WASHINGTON — As President Trump prepares to leave office in days, a lucrative market for pardons is coming to a head, with some of his allies collecting fees from wealthy felons or their associates to push the White House for clemency, according to documents and interviews with more than three dozen lobbyists and lawyers.
The brisk market for pardons reflects the access peddling that has defined Mr. Trump’s presidency as well as his unorthodox approach to exercising unchecked presidential clemency powers. Pardons and commutations are intended to show mercy to deserving recipients, but Mr. Trump has used many of them to reward personal or political allies.
The pardon lobbying heated up as it became clear that Mr. Trump had no recourse for challenging his election defeat, lobbyists and lawyers say. One lobbyist, Brett Tolman, a former federal prosecutor who has been advising the White House on pardons and commutations, has monetized his clemency work, collecting tens of thousands of dollars, and possibly more, in recent weeks to lobby the White House for clemency for the son of a former Arkansas senator; the founder of the notorious online drug marketplace Silk Road; and a Manhattan socialite who pleaded guilty in a fraud scheme.
Mr. Trump’s former personal lawyer John M. Dowd has marketed himself to convicted felons as someone who could secure pardons because of his close relationship with the president, accepting tens of thousands of dollars from a wealthy felon and advising him and other potential clients to leverage Mr. Trump’s grievances about the justice system.
A onetime top adviser to the Trump campaign was paid $50,000 to help seek a pardon for John Kiriakou, a former C.I.A. officer convicted of illegally disclosing classified information, and agreed to a $50,000 bonus if the president granted it, according to a copy of an agreement.
And Mr. Kiriakou was separately told that Mr. Trump’s personal lawyer Rudolph W. Giuliani could help him secure a pardon for $2 million. Mr. Kiriakou rejected the offer, but an associate, fearing that Mr. Giuliani was illegally selling pardons, alerted the F.B.I. Mr. Giuliani challenged this characterization.
After Mr. Trump’s impeachment for inciting his supporters before the deadly riot at the Capitol, and with Republican leaders turning on him, the pardon power remains one of the last and most likely outlets for quick unilateral action by an increasingly isolated, erratic president. He has suggested to aides he wants to take the extraordinary and unprecedented step of pardoning himself, though it was not clear whether he had broached the topic since the rampage.
He has also discussed issuing pre-emptive pardons to his children, his son-in-law and senior adviser, Jared Kushner, and Mr. Giuliani.
A White House spokesman declined to comment.
Legal scholars and some pardon lawyers shudder at the prospect of such moves, as well as the specter of Mr. Trump’s friends and allies offering to pursue pardons for others in exchange for cash.
“This kind of off-books influence peddling, special-privilege system denies consideration to the hundreds of ordinary people who have obediently lined up as required by Justice Department rules, and is a basic violation of the longstanding effort to make this process at least look fair,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 until 1997 as the United States pardon attorney.
There are few historical parallels. Perhaps the closest occurred in the final hours of Bill Clinton’s administration when he issued 170 pardons and commutations, some of which went to people who paid six-figure sums to his family and associates. But even Mr. Clinton, who was seen as flouting protocols, mostly rewarded people who had gone through an intensive Justice Department review process intended to identify and vet the most deserving recipients from among thousands of clemency applications.
Mr. Trump has shunned that process more than any recent president, creating an ad hoc system in the White House that Mr. Kushner has had significant influence over and has relied on input from an informal network of outside advisers, including Mr. Tolman. That system favors pardon seekers who have connections to Mr. Trump or his team, or who pay someone who does, said pardon lawyers who have worked for years through the Justice Department system.
Few regulations or disclosure requirements govern presidential clemency grants or lobbying for them, particularly by lawyers, and there is nothing illegal about Trump associates being paid to lobby for clemency. Any explicit offers of payment to the president in return could be investigated as possible violations of bribery laws; no evidence has emerged that Mr. Trump was offered money in exchange for a pardon.
____________________
Dutch
Jan 17, 2021, 1:51:32 PM1/17/21
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