It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones)

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it.

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Goldfarb v. Solimine

Docket: a-24-19

Opinion Date: February 18, 2021

Judge: Jaynee LaVecchia

Areas of Law: Civil Procedure, Contracts, Labor & Employment Law, Securities Law

Plaintiff Jed Goldfarb claimed defendant David Solimine reneged on a promise of employment after Goldfarb quit his job to accept the promised position managing the sizeable investment portfolio of defendant’s family. The key issue in this appeal involved whether plaintiff could bring a promissory estoppel claim because he relied on defendant’s promise in quitting his prior employment even though, under New Jersey’s Uniform Securities Law of 1997 (Securities Law or the Act), he could not bring a suit on the employment agreement itself. The New Jersey Supreme Court determined the Securities Law did not bar plaintiff’s promissory estoppel claim for reliance damages. The Court affirmed the liability judgment on that claim and the remanded for a new damages trial in which plaintiff would have the opportunity to prove reliance damages. The Court found he was not entitled to benefit-of-the-bargain damages. To the extent that the Appellate Division relied on an alternative basis for its liability holding -- that a later-adopted federal law “family office” exception had been incorporated into the Securities Law -- the Court rejected that reasoning and voided that portion of the appellate court’s analysis.

In the Matter of the Request to Release Certain Pretrial Detainees

Docket: m-550-20

Opinion Date: February 11, 2021

Judge: Stuart Rabner

Areas of Law: Constitutional Law, Criminal Law

The New Jersey Office of the Public Defender and the American Civil Liberties Union of New Jersey (ACLU) jointly sought two forms of relief: (1) the release of all defendants detained for six months or longer whose most serious charge is a second-degree offense or lower, with an opportunity for the State to object in individual cases and seek to justify continued detention under an enhanced burden of proof; and (2) new detention hearings under N.J.S.A. 2A:162-19(f) for all defendants detained for six months or longer who were charged with a first-degree offense and entitled to a presumption of release. Movants relied on constitutional and statutory bases in support of their requests, but the New Jersey Supreme Court declined to grant total relief, finding N.J.S.A. 2A:162-19(f) presented a path for individual defendants to argue against continued detention when (1) there is new information, or a change in circumstances, (2) that is material to the release decision. As to the first prong, the Court found “that the worldwide pandemic that has afflicted New Jersey and its prison system amounts to a change in circumstances” within the meaning of Rule 3:21-10(b)(2). "The Judiciary ... will again resume criminal jury trials in person when conditions sufficiently improve. Although there will be a considerable backlog of cases to address, we hope that recent positive developments will enable the criminal justice system to resolve many outstanding criminal charges in a timely manner."