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By Mihar Dias December 2024
In the U.S. a new spectacle has emerged: Biden’s preemptive presidential pardon. With President Joe Biden allegedly considering pardons for individuals not yet charged with any crimes — from Anthony Fauci to Liz Cheney — America’s legal landscape now resembles a mix of a crystal ball and a game of Monopoly, complete with “get-out-of-jail-free” cards handed out before any dice are rolled. https://newswav.com/article/biden-team-reportedly-considering-preemptive-pardons-for-fauci-schiff-other-A2412_aV5rR0?s=A_D18H1cb&language=en
As we observe this unfolding farce from across the Pacific, the question arises: could such a phenomenon take root in Malaysia?
Preemptive Pardons: A Concept Malaysia Isn’t Entirely New To
While the outright notion of pardoning individuals for hypothetical future crimes may not yet exist in our legal framework, the Malaysian political landscape is no stranger to questionable uses of pardon powers. Post-conviction pardons have been wielded with remarkable flexibility, as seen in Anwar Ibrahim’s 2018 royal pardon, granted days after Pakatan Harapan’s election victory. Whether one views it as a correction of injustice or political expediency depends on which side of the aisle one sits.
But imagine if our leaders borrowed a page from Biden’s rumoured playbook. Would a future prime minister issue blanket pardons for their political allies, anticipating corruption charges that may never materialise?
Could we witness the absurdity of a preemptive pardon for, say, the hypothetical misuse of government-linked company (GLC) funds?
Malaysia’s Version of Pardonia
In a political culture already marred by selective prosecutions, backroom deals, and loyalty-driven maneuvering, preemptive pardons could prove devastating.
Picture this: a prime minister issues pardons to their entire cabinet, claiming it’s necessary to shield them from politically motivated charges by a successor. It’s not hard to envision, given Malaysia’s recent history of high-profile corruption trials and political purges following regime changes.
Such a move would amplify existing fears that our institutions are merely tools of the ruling elite. It would transform the rule of law into a tragicomedy, where accountability is optional, and loyalty is rewarded with immunity.
Deepening the Trust Deficit
The greatest casualty of preemptive pardons, however, would be public trust. Malaysians are already cynical about their leaders’ commitment to justice, thanks to decades of scandals — from 1MDB to SRC International. Introducing the concept of pardons for uncommitted crimes would only deepen the chasm between the rakyat and those in power.
It’s one thing for voters to see convicted individuals exonerated; it’s another to watch leaders arm themselves with legal shields before charges are even filed. At that point, why even pretend we’re a democracy?
Could the Monarchy Intervene?
Malaysia’s unique constitutional monarchy might provide a safeguard against such abuse. Pardons here are technically issued by the Yang di-Pertuan Agong or state rulers, based on advice from the prime minister. But would a monarch dare to challenge a sitting PM’s request for preemptive pardons? Or would royal institutions find themselves dragged into the same political quagmire that taints so many of our democratic processes?
Lessons from Pardonia
What Malaysia can learn from the United States’ experiment with preemptive justice is this: while such moves might seem like clever short-term tactics, they ultimately erode the foundations of democracy. The law must be applied equally, without fear or favour, and certainly without assuming guilt — or innocence — for crimes that haven’t occurred.
Instead of importing the absurdities of Pardonia, Malaysia should focus on strengthening its judiciary, depoliticizing enforcement agencies, and restoring faith in its institutions. We don’t need more tools for political gamesmanship. What we need is justice that isn’t blindfolded by partisanship.
So, let’s leave the clairvoyant pardons to America’s ongoing circus. Here in Malaysia, we already have enough political theatre without adding crystal balls to the mix.
Mihar Dias is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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