U nited States President Joe Biden’s recent decision to pardon his son Hunter Biden for any federal crimes he committed or may have committed between January 1, 2014, and December 1, 2024 has brought renewed focus on the expansive clemency powers granted to the President by the U.S. Constitution. The President’s volte-face has provoked strong condemnation from both Republicans and Democrats. Should the executive possess clemency powers? Sanjay Hedge and Alok Prasanna Kumar discuss the question in a conversation moderated by Aaratrika Bhaumik . Edited excerpts: Should the executive power of clemency rest with the legislature to avert misuse? Sanjay Hegde: Vesting clemency powers in the legislature could prove equally susceptible to corruption and majority rule. Historically, the power to pardon originated from the British monarchy as an attribute of sovereignty, enabling the king to absolve any wrongdoing. Even today, the Constitution acknowledges scenarios where it is imperative to trust a high officeholder to judiciously exercise such discretionary authority when required. Also read | Biden commutes roughly 1,500 sentences and pardons 39 people in biggest single-day act of clemency Alok Prasanna Kumar: I agree. During the debates on the U.S. Constitution, Alexander Hamilton, the first Secretary of the Treasury, acknowledged that the exercise of clemency is inherently political and cannot be reduced to a purely legal process. He argued that this power should be vested in a single constitutional officeholder, instead of being subjected to the whims of collective discretion. He also pointed out that the power of pardon introduced an element of mercy, which he believed was necessary to temper the rigours of the criminal justice system. He saw it as a means for true justice to prevail in cases where the law could not account for circumstances or moral factors beyond the scope of judicial proceedings. Should an independent clemency commission replace the existing system to ensure more objective and informed decision-making? Alok Prasanna Kumar: Even if an independent clemency commission were established, its advice would not be binding on the President. While the President may seek a range of information to make a reasoned decision, as former President Harry Truman famously stated, “the buck stops here.” Transparency is important, and in today’s age of social media and a free press, the public will likely be aware of the reasons behind a presidential decision. However, that does not guarantee that every decision will be immediately acceptable to the public at large. What are the controversies around pardoning power? | Explained Sanjay Hegde: The public doesn’t always agree with clemency decisions. One of the most notable examples is when U.S. President Gerald Ford pardoned his predecessor, Richard Nixon. He believed that the country had endured enough during the Watergate scandal and that the matter should be put to rest, as Nixon had already been punished by losing the presidency. He felt that a criminal trial would only prolong the nation’s agony. At the time, special prosecutor Leon Jaworski chose not to challenge this decision. In contrast, the clemency system in India has not been widely abused. Former Presidents such as A.P.J. Abdul Kalam and Pratibha Patil have only sat on files, exercising a pocket veto whenever they disagreed with government advice. The pardon jurisdiction for non-capital offences has rarely been exercised. Would expanding the scope of judicial review over executive clemency decisions prevent potential overreach or misuse? Sanjay Hegde: I don’t think the U.S. will ever adopt such a system. President-elect Donald Trump has expressed an inclination to pardon rioters involved in the January 6, 2021, Capitol attack. There are also speculations that President Biden may pre-emptively pardon several individuals before he demits office. I doubt the judiciary will step in to second-guess the President’s authority in these matters. In India, both the President and the Governor act on the aid and advice of the Cabinet. In fact, the Supreme Court in Epuru Sudhakar v. State of Andhra Pradesh (2006) affirmed that a Governor’s grant of pardon could be challenged in court if it was found to be mala fide or based on irrelevant considerations. Alok Prasanna Kumar: I don’t believe that clemency decisions can be judicially reviewable. The concept of mercy is inherently subjective, and there cannot be one inalienable understanding of it. We also have to understand that constitutional functionaries inevitably bring their personal biases to bear on these decisions. While courts, as seen in India, may intervene in instances of procedural violations, there are no definitive legal benchmarks to determine what constitutes an appropriate exercise of clemency. Ultimately, it is unreasonable to assert that mercy should have one fixed meaning under the Constitution, or that clemency should be confined to a specific category of political cases. Should U.S. Congress play a greater role in the process? For instance, the Protecting Our Democracy Act, reintroduced in Congress last year, mandates the White House disclose all materials the President relies on when exercising clemency powers. Sanjay Hegde: Even if Congress were to pass a law, it could only serve to guide the process. Clemency powers are unique — they speak to the inherent humanity shared by both the one who grants mercy and the one who receives it. There may be cases where a penalty has been imposed and the legal process is complete, yet new evidence emerges that calls for reconsideration. It is impossible to legislate strict standards, especially since they would never be binding. We have seen this discretionary authority play out when President Andrew Johnson pardoned Dr. Samuel Alexander Mudd, the physician who treated John Wilkes Booth’s broken leg after he assassinated Abraham Lincoln. Alok Prasanna Kumar: No law can entirely prevent its misuse. If someone in a position of authority is determined to break the law, there is little the law itself can do to stop them. While mechanisms can be put in place to ensure that such actions have stringent repercussions, total prevention is impossible to attain. For instance, we see police officers routinely abuse their powers of arrest. When it comes to clemency, defining what constitutes abuse or misuse is challenging, especially when the power itself is not clearly defined. For example, in 20 years, one might argue that granting clemency to Hunter Biden was one of the best decisions made by Joe Biden. We lack the foresight to deem such decisions egregiously wrong at this moment. What reforms are necessary in India’s clemency process, and what lessons can be drawn from the Hunter Biden case? Sanjay Hegde: Given the nature of the power, one can at best have guidelines. However, ultimately executive discretion has to be trusted. We have seen our former Presidents exhibit varied views regarding the death penalty. One can also see how gubernatorial discretion played out in the release of A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case. The Governor obstructed his release despite the Tamil Nadu government’s recommendation. Ultimately, the Supreme Court had to intervene and order his release. The use of clemency powers in the case also signified the closing of a long and painful chapter. While public curiosity may lead to second-guessing these decisions, it is often not in the greater public interest to do so. Alok Prasanna Kumar: I believe comprehensive reforms are needed in the system of release of convicts. The Supreme Court is already cognisant of a batch of petitions on this issue. We need to prioritise reformative justice. Reformation is only achievable when individuals are given the assurance that, through good behaviour and genuine repentance, they may earn an early release — serving, for instance, seven years instead of 14. While these convicts have been incarcerated for legitimate reasons, the state must focus on their rehabilitation, as some of them have the potential to become valuable members of society. We should expedite processes like parole and remission, ensuring mercy extends beyond just death penalty cases. Listen to the conversation in The Hindu Parley podcast Sanjay Hegde, Senior advocate based in Delhi; Alok Prasanna Kumar, Co-founder and Karnataka lead of Vidhi Centre for Legal Policy Published - December 13, 2024 01:07 am IST Copy link Email Facebook Twitter Telegram LinkedIn WhatsApp Reddit governmentHeart of Automation: Inside an AC Contactor Factory
BOULDER, Colo. — A 72-year-old lifelong Colorado fan with end-stage kidney failure waited to the side of the field in his wheelchair for Travis Hunter and the rest of the Buffaloes. One by one, players strolled over and signed a football for Riley Rhoades, his face lighting up with each signature. Standing close by and taking in the scene was Jeremy Bloom. He's become a wish facilitator for older adults. Bloom, the former Colorado wide receiver and Olympic freestyle skier, started the Wish of a Lifetime foundation in 2008, which has made thousands of aspirations turn into reality for older adults. The list of granted wishes range from taking veterans back to the beaches of Normandy to helping late-in-life authors publish a book. He's staged concerts for musicians, assisted some in daredevil feats such as jumping out of an airplane and even lined up a meeting between an Olympic medalist and former President Barack Obama. For Rhoades, his wish was simply to return to Folsom Field again, the place where he used to have season tickets but hasn't attended a game since 2004. "Everybody has somebody in their life —a grandparent, friend, neighbor — at that age where you wish you had more resources to help," said Bloom, whose college career was cut short two decades ago when the NCAA denied his reinstatement to play football and still ski professionally after receiving endorsement money to fuel his Olympic dreams. "Nothing can compare to seeing someone else's eyes light up because you helped make their dream come true." Granting wishes The foundation is a tribute to his grandparents. But the concept began to take root when he was a teenager. He was in Japan for a World Cup freestyle skiing competition when a woman tried to hop on a crowded bus. There was no room, but everyone in front rose from their seats to make space. That stuck with him, along with seeing these acts of kindness for older adults all over Europe and Asia as he traveled. An idea formed — bring that same level of appreciation to the United States, with a wish-granting element. Bloom's organization has been a charitable affiliate of AARP since 2020. Special moment It was the yearning of Rhoades that brought the two of them to Folsom Field last weekend. Rhoades, who had season tickets at Colorado for 27 years, wanted to see the Buffaloes in person after watching the team's resurgence on television. A few years ago, Rhoades, who was born with spina bifida, was diagnosed with end-stage renal failure. Being among the 54,646 fans Saturday stirred up plenty of emotions for Rhoades, as he watched the 16th-ranked Buffaloes (8-2, 6-1 Big 12, No. 16 CFP) beat Utah. Colorado remains in the race for not only a conference title but a spot in the College Football Playoff. "It's just great to be back here again," Rhoades said as he pointed out the section where he used to watch games. "It's just ... so cool." For Bloom, the success that coach Deion Sanders has brought to the program means more reunions with teammates as they pass through town. "I've been through many years where nobody comes to visit," Bloom said. "It's fun that Boulder has become the epicenter of college football." Paying athletes Leading the way for Colorado this season have been quarterback Shedeur Sanders and two-way star Hunter, who's the Heisman Trophy frontrunner. But what particularly pleases Bloom is that Sanders, Hunter and the rest of college football players are able to finally profit through name, image and likeness. In his day, Bloom got caught in the NCAA crosshairs for wanting to play both sports and to have sponsors in one (skiing) so he could fund his Olympic aspirations. How time have changed. "I'm just really grateful that this generation of athletes gets to monetize their skills and ability," said Bloom, who finished sixth in moguls at the 2006 Winter Games in Italy. "It's the right thing." He's thrown his passion into fulfilling wishes such as learning ballet, riding in a Formula 1 pace car or taking a flight in a fighter jet. He's also helped reconnect families and friends, including a reunion for a trio of centenarian sisters who hadn't seen each other in more than a decade. This granted wish has stuck with Bloom: A person in Alabama wasn't able to travel after being diagnosed with end-of-life emphysema. So he asked for postcards to be sent, just to learn what made someone's town so special. He received 2,000 postcards from 26 different countries. "There's no end to the things that they've done for us in the world," Bloom said of older adults. "We're one of the organizations that reminds them that their dreams still do matter and that we still appreciate them and we cherish them."
“We Are Not Going To Spare Anyone” NDC Communicator Warns Those Waiting To Criticize MahamaThe British Columbia government is increasing tax incentives for both local and international film and TV projects in an effort to attract more major productions to the province. Premier David Eby said the tax credit for international projects made in B.C. will jump from 28 to 36 per cent, and an incentive for Canadian-content productions will increase from 35 to 36 per cent. There’s also a special bonus to attract blockbuster productions with budgets of $200 million. Speaking on Thursday at the Martini Town studio, a New-York-themed backlot in Langley, B.C., Eby said tax incentives are the province’s “competitive advantage” and increasing them will help the industry that has been battered by the pandemic, labour disruptions and changes to industry practices. “This is a sector that’s taken some hits. The decision by major studios to ... reduce some of their budgets on production, the impact of labour disruptions, other jurisdictions competing with British Columbia for these productions with significant subsidies for the industry, means that we need to respond,” Eby said, the Manhattan street scene behind him decorated for Christmas. “We need to make sure that we continue to be competitive.” Government numbers show the film industry generated $2.7 billion in GDP in 2022 — roughly one per cent of provincial GDP — and $2 billion in 2023, a year affected by strike action and a decrease in global production A government statement says the incentives begin with productions that have principal photography starting Jan. 1, 2025, and projects with costs of greater than $200 million in B.C. will receive a two per cent bonus. Gemma Martini, chair of industry organization Screen BC and CEO of Martini Film Studios, told the news conference that it has been a “tumultuous” year for film and television, which supports tens of thousands of jobs. “It is clear that British Columbia is a well respected and preferred global production partner, but we must be able to compete at the bottom line,” she said. “We expect, we know, our government’s announcement will put B.C. back in the game to earn our true ‘Hollywood north’ reputation.” Foreign film and TV work makes up an average of 80 per cent of total production spending in B.C., and the government says maintaining strong international relationships is critical for the industry to continue to thrive. The government says it also intends to restore regional and distant-location tax credits that were cut last year for companies with a brick-and-mortar presence outside of Metro Vancouver, the Fraser Valley and Whistler and Squamish. Eby first promised to increase the tax credits as part of his election campaign earlier this year. Just days after the new B.C. cabinet was announced in November, a delegation that included Finance Minister Brenda Bailey and Arts and Culture Minister Spencer Chandra Herbert travelled to California to pitch B.C.‘s film and TV industry. Chandra Herbert told the news conference that during the trip they met industry representatives who are now looking at B.C. “in a bigger way” because of the new incentives. He said the additional two per cent bonus for productions over $200 million is a way to encourage larger productions to come and stay in B.C. “This is a way of making sure that the workers in this industry, and the companies, know that we’re here for them for the long term. You can make these investments long term. You can grow the industry today, tomorrow and into the years ahead,” he said. This report by The Canadian Press was first published Dec. 12, 2024.