Is it still a pardon if you can fit 1,500 of them in the same manila folder? I ask because I spent Monday evening watching the new president sign what his own aides described, with no apparent embarrassment, as a stack — not a list, not a docket, a stack — and I found myself wondering at what point a constitutional mercy becomes a bulk-rate promotional event. Somewhere between pardon number six and pardon number fourteen hundred, the word stops meaning what it used to mean. That seems, to me, worth noticing. Nobody in Washington appears to be noticing.
My friend Eliza hosted a small dinner in Kalorama that night — six people, the good silver, a pork loin she had been threatening to make all month — and the conversation landed, as conversations do now, on whether any of us could name a single historical pardon that was issued in batches of more than twelve. We could not. Someone brought up Carter and the draft dodgers, and someone else correctly pointed out that was a proclamation, not fifteen hundred individual signatures, and the distinction mattered then in a way it apparently does not matter now. The pork loin was excellent. The republic was not.
A bipartisan lobbyist I will not name — he has been a Democrat and a Republican at roughly the same intervals as the rest of the capital — told me over the cheese course that the real innovation here was procedural. “They ran them through like a payroll,” he said, and then made the hand gesture of someone feeding paper into a machine. He found this admirable. He finds most things admirable if they are executed with confidence. I looked at him for a long moment and decided, not for the first time, that the difference between a lobbyist and a sommelier is that the sommelier will at least tell you when something has gone off.
I should say, because someone always writes in to say I haven’t, that I am not sentimental about pardons. Presidents of both parties have used the clemency power to reward donors, protect friends, and paper over inconveniences the Justice Department had the bad manners to uncover. Clinton pardoned Marc Rich. Biden pardoned his son after telling us for a year he would not. The pardon power has been a grubby little instrument for a long time. The question is not whether it has been abused. The question is whether we are now abusing it at wholesale velocity, and whether any of the usual people will find their voices this time.
They will not. I can already tell you the choreography. The senators who sent strongly worded letters in 2021 will discover, in the coming weeks, that they have pressing concerns about the price of eggs. The cable hosts who spent four years telling us January 6 was the hinge of American history will find that the hinge has quietly un-hinged, and will pivot to a segment about TikTok. The op-ed pages will run one angry column, one measured column, and one column by a man who wants you to know that actually this is a healing moment, and then the whole thing will be filed under Things We Did Last Week.
My sister-in-law Judy, who has worked at the National Archives longer than some of these senators have held their seats, called me Tuesday morning to describe what she called the paperwork implications. She used the phrase “custody of record” four times in six minutes. She wanted to know who, exactly, was responsible for ensuring that each of these 1,500 grants of clemency was properly documented, filed, indexed, and preserved, because from where she was sitting in College Park it looked very much like nobody had been assigned that job, and the stack had simply been handed to an intern with a stapler and a deadline. Judy does not editorialize. Judy was editorializing.
And here is the part that is supposed to make me feel unserious for bringing it up: some of the people pardoned on Monday assaulted police officers. Not metaphorically. On camera. With poles, with flagpoles, with their fists, with bear spray, in one case with a hockey stick, which I mention only because I was told by a friend at Main Justice that the hockey stick detail was in the charging documents and was considered, at the time, relevant. It is now, apparently, not relevant. We have decided it is not relevant. We did this on a Monday, before the parade.
What does it do to a country to say, on the same afternoon, that we are both the nation that prosecutes assaults on federal officers and the nation that erases those prosecutions in a signing ceremony with a commemorative pen? I genuinely want to know. I am not being rhetorical, although I am always being rhetorical. There has to be a cost somewhere. Institutions that are contradicted this loudly, this publicly, and this fast tend to stop functioning in the quiet ways we need them to function — the ways we don’t notice until the day we need them.
The thing I keep coming back to, and I recognize I am a broken record on this, is that civic cowardice has a smell. You can identify it in a room. It smells like the careful throat-clearing of a senator who has decided to “let the process play out,” which is what senators say when they have already decided not to say anything. It smells like a cable segment titled “Unity Moment.” It smells, frankly, like Eliza’s dining room after the candles have burned down and the last guest has explained, earnestly, why he is not going to put his name on anything this year.
I’m told this is the direction the country is heading, and that I should make my peace with it. I will not. I don’t know what a pardon means anymore, I don’t know what an assault on a Capitol police officer means anymore, and I don’t know what any of the strongly worded letters from the last four years were actually for. I am just asking. Someone, somewhere in this town, used to know the answers. I would very much like to meet them before the next stack is signed.