The Dishcast with Andrew Sullivan Jeffrey Toobin On The Pardon Power
Apr 17, 2026
Jeffrey Toobin, lawyer, legal analyst, and bestselling author, walks through the history and politics of presidential pardons. He covers origins of the power, landmark uses from Lincoln to Ford, controversies over end-of-term and transactional pardons, and how mercy and political calculation collide. Short, lively takes on historical battles and modern scandal.
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Pardon Power Is Mercy And A Political Tool
- The presidential pardon combines mercy and political utility as intended by the framers.
- Alexander Hamilton supported pardons to mitigate excessive punishments and to incentivize rebels to lay down arms during unrest.
Federal Pardons Face No Checks While States Differ
- The pardon is almost unchecked at the federal level while states vary widely in their approach.
- Some states mirror the president's unlimited power, others have no pardon power, and some use boards or legislative overrides.
Lincoln's Amnesty Then Johnson's Controversial Pardons
- Lincoln used a broad amnesty for rank-and-file Confederates to reunite the country, but excluded top leaders.
- Andrew Johnson later pardoned Jefferson Davis and other leaders, fueling radical Republican fury and contributing to his impeachment tensions.
