The mechanisms of presidential accountability have all failed so badly that Donald Trump now abuses his power in ways that would cripple past presidents and the political establishment completely ignores it.
On Wednesday night, Trump pardoned Conrad Black, the Canadian-born right-wing publisher who spent years in federal prison for fraud and obstruction of justice. But Black isn’t just guilty of crimes that Trump himself has committed. He also just wrote a fawning new biography called Donald J. Trump: A President Like No Other.
More importantly, Black is Trump’s one-time business partner. In 2001, Black’s publishing company struck a deal with Trump to allow him to build a skyscraper on the site of the Chicago Sun-Times’s old headquarters.
The pardon power is absolute, which means Congress can’t stop Trump from using it while he’s president, or pass laws to limit it. But abusing the pardon power—as Trump did to obstruct Special Counsel Robert Mueller’s investigation, and as he has to absolve his political and business allies of felonies—is cut-and dry impeachable.
When President Bill Clinton pardoned a donor in his final hours in office, it set off an enormous scandal, and ended up under investigation by the Justice Department. A day after Trump pardoned Black, nobody in the Democratic leadership made an issue of it, and it fell off the front pages almost immediately.
The Black pardon caps off a week in which Trump’s personal lawyers argued in court that Congress has no legal right to investigate his personal crimes or public corruption. His White House counsel followed suit by informing Congress that Trump will not cooperate with any requests or subpoenas stemming from Congress’s interest in the Mueller report.
At her weekly Capitol briefing, House Speaker Nancy Pelosi called this position “outrageous” but then said “I don’t have to have a position” on whether Democrats should take more aggressive steps to hold the Trump administration accountable. “We want to see what we can get respectfully,” she said. “First we ask. Then we subpoena friendly. Then we subpoena otherwise. And then we see what we get. So let’s not leapfrog over what we think should be the path that should be taken.”
That model has completely broken down, but Democrats haven't come to terms with it. In an alternate universe, Democratic leaders might have announced Thursday morning that they intended to tack the Black pardon on to their ongoing impeachment inquiry. In this universe, Trump felt completely free to pardon Conrad Black, and Pelosi got zero questions about it.