Presidential Pardons

Floor Speech

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Mr. CARDIN. Mr. President, media outlets have begun reporting that President Trump is looking into granting pardons to certain military personnel who have been convicted of committing war crimes in both Iraq and Afghanistan. If these reports are true, I find this to be most troubling.

I have an article here that appeared CNN that says:

The idea of pardons of accused servicemembers who have not yet gone to trial and been convicted that is raising the most concern from some military law experts.

The United States' global influence is due, in large part, to its reputation for upholding human rights and adhering to international humanitarian law and the law of armed conflict, otherwise known as the law of war. As Stephen Preston, a former general counsel of the Department of Defense, wrote in the Department of Defense's Law of War Manual:

The law of war is part of who we are . . . the laws of war have shaped the U.S. Armed Forces as much as they have shaped any other armed force in the world . . . The law of war is a part of our military heritage, and obeying it is the right thing to do . . . the self-control needed to refrain from violations of law of war under the stresses of combat is the same good order and discipline necessary to operate cohesively and victoriously in battle.

Five interdependent principles serve as the foundation of the law of war: military necessity, humanity, proportionality, distinction, and honor. These principles are pillars of America's moral standing in the world that allow our military to be the most lethal fighting force against our adversaries but also the most respected and revered by citizens of the world.

The principles of the law of war are aligned with the constitutional values that our Founding Fathers set forth and that all generations of U.S. military servicemembers have sworn an oath to uphold and defend against all enemies, foreign and domestic.

Department of Defense policy states that ``each member of the armed services has a duty to: (1) comply with the law of war in good faith; and (2) refuse to comply with clearly illegal orders to commit violations of the law of war.'' By virtue of their oath and training, members of the U.S. military are accountable for their individual and collective actions through the Uniform Code of Military Justice.

The U.S. Government is also obligated to implement and enforce the law of war as required by our Nation's own domestic laws, policies, regulations, orders, and by the multiple treaty obligations we have with other countries.

U.S. military members who are investigated and convicted of violating the law of war, through the prescribed Department of Defense investigative and judicial procedures, have violated international and domestic laws and have failed to uphold their oath and professional ethics. Whether it was My Lai during Vietnam or Abu Ghraib in Iraq, we have seen how the horrific acts committed by a small group of rogue actors can strategically diminish America's global standing, moral leadership, and strengthen our enemies.

We Americans combat extremism, tyranny, and hate to preserve our way of life. Under no circumstance is adapting to the behaviors of our worst adversaries ever justified--ever. If we willfully allow our institutions or the individuals within them to deviate from the laws and standards of conduct that underpin our great Nation, then we lose our way, and the world loses its champion of righteousness and internationally recognized norms and values.

I do not believe anyone in this Chamber disagrees with the laws and values of this country. The matter at hand is whether we will hold people accountable who violate those laws and fail to act on behalf of America with honor. To me, the right answer is very clear: The United States will not willfully commit or condone war crimes, and we must bring those who do commit them to justice regardless of citizenship, affiliation, or background. That is what we stand for as a nation. Those are our values, and that is America's leadership.

Even in the fog of war--especially in the fog of war--we must endeavor to act with the moral clarity that distinguishes the United States of America as a shining city upon a hill.

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