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Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?

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Manage episode 471013986 series 2563781
Content provided by The Reason Interview With Nick Gillespie. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Reason Interview With Nick Gillespie or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

This week's guest is Rachel Barkow, a professor of law at New York University and the author of the book Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, which was just released this month.

Barkow and Reason's Billy Binion talked about the importance of the presidential pardon power—which is a controversial topic these days, after former President Joe Biden used it to preemptively pardon Anthony Fauci and members of his own family, and President Donald Trump used it to pardon January 6 defendants, some of whom were convicted of assaulting law enforcement. They also discussed Barkow's view that certain Supreme Court precedents around criminal justice are alarming for anyone who cares about the Constitution and individual liberty. Finally, they chatted about what it was like for her to clerk for Supreme Court Justice Antonin Scalia—as a Democrat.

0:00 — Introduction

1:03 — Presidential pardon power under Biden and Trump

9:35 — Biden's "clumsy" end-of-term pardons

13:03 — Trump's January 6 pardons

18:55 — Historical context for pardon power

24:20 — Philip Esformes' pardon limbo

30:07 — Ford's commission on Vietnam War draft dodgers

33:15 — Pardon power and the death penalty

37:57 — Barkow's new book, Justice Abandoned

41:45 — Coercive plea bargaining

57:17 — "Repeat offenders" in the news

1:05:18 — Barkow's clerkship with Scalia

1:15:42 — The biggest misconception about the Supreme Court

The post Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke? appeared first on Reason.com.

  continue reading

371 episodes

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iconShare
 
Manage episode 471013986 series 2563781
Content provided by The Reason Interview With Nick Gillespie. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Reason Interview With Nick Gillespie or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

This week's guest is Rachel Barkow, a professor of law at New York University and the author of the book Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, which was just released this month.

Barkow and Reason's Billy Binion talked about the importance of the presidential pardon power—which is a controversial topic these days, after former President Joe Biden used it to preemptively pardon Anthony Fauci and members of his own family, and President Donald Trump used it to pardon January 6 defendants, some of whom were convicted of assaulting law enforcement. They also discussed Barkow's view that certain Supreme Court precedents around criminal justice are alarming for anyone who cares about the Constitution and individual liberty. Finally, they chatted about what it was like for her to clerk for Supreme Court Justice Antonin Scalia—as a Democrat.

0:00 — Introduction

1:03 — Presidential pardon power under Biden and Trump

9:35 — Biden's "clumsy" end-of-term pardons

13:03 — Trump's January 6 pardons

18:55 — Historical context for pardon power

24:20 — Philip Esformes' pardon limbo

30:07 — Ford's commission on Vietnam War draft dodgers

33:15 — Pardon power and the death penalty

37:57 — Barkow's new book, Justice Abandoned

41:45 — Coercive plea bargaining

57:17 — "Repeat offenders" in the news

1:05:18 — Barkow's clerkship with Scalia

1:15:42 — The biggest misconception about the Supreme Court

The post Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke? appeared first on Reason.com.

  continue reading

371 episodes

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