This month’s flurry of presidential pardons sparked a storm of ethical dilemmas, but the blanket immunity given to the January 6th insurrectionists, including those convicted of murder and assault, left me mad as a hornet.
First and foremost, I want to express my deepest condolences to the victims and all the brave individuals who defended our capital. Thank you for your service and your admirable restraint in dealing with an unruly mob hell-bent on sowing destruction. To the families affected, my heart goes out to you. I’m saddened by this miscarriage of justice and the pain it causes.
George Mason, one of our Founding Fathers, voiced concerns about presidential pardons during the Constitutional Convention in 1787 and the Virginia State Ratifying Convention in 1788. He warned that this unchecked power could lead to corruption and undermine the justice system.
“Now I conceive that the Pres¬ident ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself. It may happen at some future day, that he will establish a Monarchy, and destroy the Republic. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection? The case of treason ought at least to be excepted. This is a weighty objection with me.” — George Mason (Virginia Ratifying Convention June 1788)
His foresight about the potential abuse of this power to protect allies or cover up presidential crimes seems eerily prescient today.
While the intention behind pardons was to offer a second chance or correct judicial errors, the misuse of this power highlights significant flaws within our justice system.
The Problem with Blanket Immunity
Blanket immunity, as seen in these pardons, involves the sweeping absolution of individuals without a thorough examination of their actions or their consequences. While this is a very public and extreme case, instances of blanket immunity occur regularly.
It manifests in the lack of protections for victims of domestic abuse due to the broad latitude given to spouses, partners, and parents.
It provides the cloak of secrecy and acceptance given to sexual harassment, assault, and discrimination.
It is the acquittal of police officers who commit egregious crimes of harassment, assault, and murder.
It allows those with power and money to evade consequences while manipulating the legal system against to penalize those who stand in their way.
Victims often struggle for years to have their voices heard and their experiences validated. Or they suffer in their acceptance of the futility fighting for justice. Immunity increases their pain and suffering while reinforcing a culture of silence and impunity.
These instances of immunity not only erodes trust in the legal system but also perpetuates a cycle of injustice and inequality. It sends a chilling message that ripples far beyond the victims.
The Hidden Costs of Blanket Immunity
On a personal level, it has devastating effects on the families of victims, who are haunted by the feeling that justice has been denied. The emotional toll of seeing a perpetrator walk free can be immense, leading to feelings of helplessness and despair.
The societal cost is equally significant. When justice is not equally applied, it fosters resentment and division. Perceptions that certain individuals are above the law lead to a breakdown in trust, replaced by cynicism.
Blanket immunity weakens the very foundations of our society.
A Personal Tie-In: “Hope and Madness”
In my novel, “Hope and Madness,” I explore the themes of justice and accountability, touching on how the lack of action by the legal system enables domestic abuse with life-and-death stakes. The story illuminates the hidden costs of blanket immunity on a personal level I’ve experienced.
Through the characters’ journeys, we witness how the erosion of trust in the justice system can lead to a sense of madness, where hope seems elusive.
The lasting costs of blanket immunity are too great to ignore. As we reflect on recent presidential pardons, let us strive for a system that truly serves all, holding the guilty accountable and offering a legal system that provides true justice.
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