In Roman mythology, Clementia was the goddess of leniency, mercy, and forgiveness. Article II of the U.S. Constitution vests this power in the President, who has used it thousands of times since the founding of the Republic. From Washington, who pardoned those convicted of treason during the Whiskey rebellion, to Trump’s recent pardon of Sheriff Joe Arpaio, each President has approached this task in his own way.

Most of these acts of mercy have evoked modest public interest as they have been given to people involved in less well-known events. Of course there are exceptions for people like Richard Nixon, Jimmy Hoffa, Patty Hearst, and Marc Rich. Others who have received clemency may surprise you, including Brigham Young, Peter Yarrow (of Peter, Paul and Mary), and W. Mark Felt (Deep Throat of Watergate fame).

This mini-course will take place in January with four sessions spread over a two-week period. We will review the history of pardons in the U.S. and explore the possible options if the current President decides to use this power to avoid possible indictments from the Special Prosecutor or other investigative bodies.

Can the President pardon his Campaign appointees and/or members of his Cabinet and staff? Can he pardon his friends and/or his family? Could he pardon himself? Could he pardon people before they were even indicted? What role would Congress play if these situations develop and how would the Supreme Court come into play?

There will be some suggested readings, including a few Supreme Court cases which have particular relevance. Classes will be a mixture of lecture and discussion. A key question will be how the country would respond to a full-fledged constitutional crisis in the event of such unprecedented actions. The answers to these most important questions are surprisingly obscure and could be most unsettling.