This week, Elisa revisits her conversation with longtime former Pardon Attorney, Helen Bollwerk, to unpack the presidential pardoning process. Together, they explore the procedural regulations, judicial precedents, past controversies, and the pressing question of whether a president-elect can pardon himself.

Helen Bollwerk served as a pardon attorney at the Department of Justice for nineteen years.

References:

U.S. Constitution, Art. II, Sec. 2

28 CFR § 1.1 - 1.11

Ex parte Wells, 59 U.S. (18 How.) 307 (1855)

Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866)

Carlesi v. New York, 233 U.S. 51 (1914)

Burdick v. United States, 236 U.S. 79 (1915)

Ex parte Grossman, 267 U.S. 87 (1925)

Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974)

Schick v. Reed, 419 U.S. 256 (1974)

United States v. Noonan, 906 F.2d 952 (3d Cir. 1990)

U.S. Constitution, Art. II, Sec. 2

28 CFR § 1.1 - 1.11

Congressional Report, Justice Undone: Clemency Decisions in the Clinton White House, May 14, 2002. Part One; Part Two; Part Three

Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007

Office of Legal Counsel Presidential or Legislative Pardon of the President (August 5, 1974)

While the U.S. presidential election takes center stage, global events continue to unfold. This week, Elisa delves into the latest national security headlines, covering key takeaways from the BRICS summit, Chinese espionage tactics, a recent data breach exposing millions of Americans' healthcare information, and more.

References:

Upcoming ABA Event: Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC

On October 15th, the ABA Standing Committee on Law and National Security hosted a luncheon event featuring remarks by Ambassador John Sullivan, former US ambassador to the Russian Federation from 2019 to 2022, and author of Midnight in Moscow: A Memoir From the Front Lines of Russia's War Against the West. Ambassador Sullivan shares his firsthand experiences on the diplomatic front lines during Putin's invasion of Ukraine, offers insight into the state of US-Russia relations, and how far the West might need to go in standing up to Moscow.

Ambassador John J. Sullivan, former US deputy secretary of state and former US ambassador to the Russian Federation, is a partner in Mayer Brown’s Washington DC and New York offices and co-lead of the firm’s National Security practice.

References:

Sullivan, John Joseph. Midnight in Moscow: A Memoir from the Front Lines of Russia’s War against the West. Little, Brown, and Company, 2024.

Upcoming ABA Event: Earlybird registration deadline is Nov. 1 Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC