I’ve written a few times recently about Donald Trump’s ability to stake out and hold territory in the public mind, the public attention span, with threats that he likely (though not certainly) can’t make good on or won’t even have the attention span or care enough to focus on. So he’ll end birthright citizenship or he’ll jail his opponents. Or maybe not. It’s part of his ability to always be taking the initiative on that mutable and uncanny territory where media narratives and old fashioned reality become a common fabric. He acts and keeps acting and his opponents react and keep reacting.

Today President Joe Biden commuted the sentences of roughly 1,500 Americans and issued pardons for 39 persons convicted of non-violent crimes. For the remainder of Biden’s term, any use of the pardon power will be shadowed or seen through the prism of his pardon of his son, Hunter Biden. But I wanted to take this opportunity to say something broader about the pardon power. And I want to be clear that this isn’t an opinion that is downstream of or related to the Hunter Biden pardon. I’ve made similar arguments a number of times going back probably 20 years.

Put simply, we don’t have anywhere near enough pardons: both at the federal and the state level.

In fact, much of what passes for pardons or clemency today aren’t really pardons at all. They’re basically fake clemency. Set aside the controversial pardons of recent years. Most presidents at the end of their terms issue pardons to a range of meritorious individuals. They each come with a backstory of bad choices later redeemed by selfless altruism, service or other exemplary conduct. Or they simply turned around their life against the odds. But in almost every one of these cases the recipients have already done their time! They took responsibility; did their time; expressed remorse and then went on to live an exemplary life. What they get is an almost entirely symbolic record wiped clean. That’s not nothing. It’s a nice recognition. It’s also entirely different from an innocent person having a wrongful conviction overturned — a vindication of factual innocence. That remains a big deal even for someone who has already served a lengthy sentence. But it doesn’t free any one from jail.

It is at best a thin, thin clemency.

A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss Republicans’ perma-desire to cut social insurance, the limp response to Trump’s birthright citizenship claims and Pete Hegseth’s potential resurrection.

You can listen to the new episode of The Josh Marshall Podcast here.