Should Obama just pardon Clinton?

The allegations against Clinton seem minute compared to the subjects of previous efforts at reconciliation. Although FBI Director James Comey called Clinton’s handling of classified information “extremely careless,” he determined that it did not remotely rise to the level of a prosecutable violation. The endless carping about “Benghazi” has produced virtually nothing of moment, and neither formal nor media inquiries into the Clinton Foundation have uncovered any clear example of a “pay-to-play” scheme. Some Clinton opponents are now predictably grasping at the last resort: an attempted charge of perjury. Historians may ultimately see this as little more than an effort to criminalize political animosity.

A presidential pardon could short circuit some of this maneuvering. The Constitution gives the president the power “to grant reprieves and pardons for offenses against the United States,” and it could be used here. The public is aware of the allegations against Clinton, yet she has continued to lead in election polls. If voters choose her for the presidency, their decision that the allegations are not disqualifying deserves respect. A presidential pardon could ratify that assessment.

But what if a “smoking gun” eventually emerged? The president’s pardon power has a major exception. He cannot immunize anyone from impeachment or removal from office. Congress has the exclusive power over those important proceedings. They would remain options in the event that compelling evidence of a crime ultimately did emerge against Clinton, however unlikely that may seem.