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There is a long tradition of thought about mercy. Law has to be rendered at a sufficiently general level in order than it can encompass every relevant case. This, the argument goes, means written law cannot properly deal with context. Many of us realise that, sometimes, the context in which a crime is committed bears upon how just or unjust it is, even if that fact is not accommodated in law.

Anyway, one enduring argument for mercy is that can be exercised on those rare occasions where there is some overwhelming contextual argument for why the general law should be overridden, e.g., the Greek play Antigone is effectively built around just such a case.

Not that this argument has anything to do with Trump's unashamed cronyism and self-aggrandisement. But my point is that mercy isn't just an excuse for base corruption.



It's just amazing how that mercy is only extended to corrupt wealthy people. Antigone is a fitting example, as she was the regent's daughter.


Note the emphasis when I wrote that mercy isn't just an excuse for corruption, i.e. it is mostly, but not entirely. Recall that at the end of the last administration, Obama pardoned Chelsea Manning. Or that Harding commuted Eugene Deb's conviction for sedition during WW1 in 1921. Neither are, as far as I can see, instances of corruption.


This particular case seems almost like the opposite. Cases where you bring prior knowledge from one place to another are typically nigh unprovable. Most people do bring their priors with them, are rewarded for it, and benefit of the doubt is granted that there wasn't a "theft", simply a person moving jobs.

In the rare case where somebody was actually proven in a criminal court to have stolen trade secrets and taken then directly to a competitor, a pardon is issued by a president who has felt antagonized by the former employer. It seems less like mercy and more like vindictiveness.




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