The Trouble with Donald Trump’s Clemencies and Pardons

Authoritarianism is usually associated with a punitive spirit—a leader who prosecutes and incarcerates his enemies. But there is another side to this leadership style. Authoritarians also dispense largesse, but they do it by their own whims, rather than pursuant to any system or legal rule. The point of authoritarianism is to concentrate power in the ruler, so the world knows that all actions, good and bad, harsh and generous, come from a single source. That’s the real lesson—a story of creeping authoritarianism—of today’s commutations and pardons by President Trump.

Trump commuted the sentence of Rod Blagojevich, the former governor of Illinois, who was eight years into a sentence of fourteen years, for various forms of corruption in office. The President pardoned several other white-collar criminals: Michael Milken, the junk-bond king, who pleaded guilty, in 1990, to securities violations; Bernard Kerik, the former New York City police commissioner, who, in 2009, pleaded guilty to charges of tax fraud and lying to the government; and Edward J. DeBartolo, Jr., a former owner of the San Francisco 49ers, who, in 1998, pleaded guilty to concealing an extortion attempt.(Milken and Kerik served time in prison; DeBartolo was fined a million dollars and suspended for a year by the N.F.L.)

The common link among this group is that all have some personal connection to the President. Blagojevich was a contestant on “Celebrity Apprentice,” and he was prosecuted by Patrick Fitzgerald, a close friend of and lawyer for James Comey, the former F.B.I. director who is a Trump enemy. Explaining his action today, Trump said of the case against Blagojevich, “It was a prosecution by the same people—Comey, Fitzpatrick—the same group.” Milken’s annual financial conferences are a favorite meeting place for, among others, Trump’s moneyed friends. (Ivanka Trump and Jared Kushner spoke at last year’s gathering.) Milken is also an active philanthropist, as Trump observed: “We have Mike Milken, who’s gone around and done an incredible job for the world, with all of his research on cancer, and he’s done this and he suffered greatly. He paid a big price, paid a very tough price.” Trump’s explanation for the Kerik pardon is probably the most revealing. The President said that Kerik is “a man who had many recommendations from a lot of good people. You know, oftentimes—pretty much all the time—I really rely on the recommendations of people that know them.” Kerik was appointed police commissioner by Rudolph Giuliani, who was then the mayor of New York and is now Trump’s personal lawyer. It’s safe to assume that Giuliani played a role in Trump’s decision to pardon him. And DeBartolo’s cause was championed by a large group of former professional football players, whose favor Trump has often sought. Continue reading.

Why did Trump just pardon a former owner of the 49ers? In part because he wants to win Ohio.

Washington Post logoWhen my family moved to Howland, Ohio, when I was a freshman in high school, I quickly learned that while the region in northeastern Ohio was formally Cleveland Browns territory, there was a big, loud San Francisco 49ers subculture. The reason for this was twofold. In part, it was a function of how good the Niners were at the time. In larger part, though, it was a function of the team’s owner: Edward DeBartolo Jr.

Howland is a bit east of the city of Warren, which is itself due northwest of the much larger city of Youngstown. In Youngstown, the DeBartolos weren’t quite royalty, but they weren’t quite not. I knew the name DeBartolo within weeks of moving to the area. They were a family that had risen to national prominence from an area that was more often the subject of mopey songs or depressing news articles about the U.S. economy. Youngstown was a big loser in the economy of the 1970s and 1980s — but could also boast of being the home to the family that owned a team that kept winning the Super Bowl.

Antiheroes were something of a trend in the region at the time. The local congressman at the time was Jim Traficant (D), whose career was mottled by allegations and evidence of ties to organized crime (including when he was sheriff). But he was beloved by voters for his eccentricities and his eagerness to fight for the region’s working class. There were rumors about the DeBartolos, too, probably not a surprise given the region’s history with the Mafia. The family represented success and served as a curiosity. Continue reading.

Trump pardoning ex-49ers owner

The Hill logoPresident Trump will grant a pardon to former San Francisco 49ers owner Edward DeBartolo Jr., the White House announced on Tuesday.

DeBartolo pleaded guilty in 1998 to a felony charge of failing to report that a former Louisiana governor, Edwin Edwards, allegedly extorted $400,000 from him to win a casino license. DeBartolo paid $1 million in penalties and served two years of probation, but avoided prison time.

White House officials called an impromptu press gathering outside the West Wing to announce the pardon. Several retired NFL players, including Hall of Famers Jerry Rice, Charles Haley, Ronnie Lott and Jim Brown, told reporters they met with Trump about DeBartolo’s case. Continue reading.