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The Great Presidential Pardon Heist

Awarded by the Commander-in-Chief, presidential pardons override previous rulings handed down by any other federal judge or court. Some presidents are more generous with pardons than others, but overall, they’ve been granted with increasing frequency since Washington issued the first 16, including two for participants of the Whiskey Rebellion. By contrast, Barack Obama pardoned, commuted, or otherwise granted clemency to 1927 people.

Despite the increasing number, receiving a pardon is no easy task. First, there’s a required waiting period of five years. Applicants must write an essay about why they are seeking clemency, including documentation; they also need at least three character references, and they have to go through a “very thorough” federal review. And that’s just for starters.

However, if you’re determined to get a presidential pardon, there are other ways to go about obtaining one (though we don't recommend it)—as long as you don’t care whose name is on the certificate. Just ask Shawn Aubitz.

Some time in the middle of his 14-year career as a curator with the National Archives and Records Administration (NARA), Aubitz realized he was sitting on a gold mine: The files, letters, maps, and photographs he handled every day could command big bucks from the right collectors. From 1996-1999, he pulled off the historical heist of the century simply by surreptitiously slipping documents into his briefcase. Over the three-year period, Aubitz made off with hundreds of items, including 64 pardons and 316 photos taken by astronauts.

Though the number is rather staggering, the thefts weren’t discovered until 2000, when a National Park Service employee noticed a suspicious item for sale on eBay and notified the National Archives about the auction. The National Archives Office of the Inspector General quickly took action and discovered a total of four National Archives documents on eBay. The items were traced to Aubitz, who pled guilty to the crimes in 2002. In court, Aubitz blamed his actions on “a compulsive need to amass collections for self-esteem and approval,” but also admitted that his motives were financial—he used more than $200,000 in ill-gotten funds to pay his credit card debt. Aubitz served 21 months in prison for his crimes and paid $73,793 in restitution.

Because Aubitz provided the names of his buyers, many of the pilfered items were recovered, such as a warrant for the seizure of Robert E. Lee's estate during the Civil War. Many are still missing, however, including pardons issued by 10 presidents, from James Madison to Rutherford B. Hayes. So, history buffs, if you’re not totally sure about the origins of that Andrew Jackson-signed pardon hanging on your study wall, contact NARA at MissingDocuments@nara.gov.

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Big Questions
What Does the Sergeant at Arms Do?
House Sergeant at Arms Paul Irving and Donald Trump arrive for a meeting with the House Republican conference.
House Sergeant at Arms Paul Irving and Donald Trump arrive for a meeting with the House Republican conference.
Chip Somodevilla, Getty Images

In 1981, shortly after Howard Liebengood was elected the 27th Sergeant at Arms of the United States Senate, he realized he had no idea how to address incoming president-elect Ronald Reagan on a visit. “The thought struck me that I didn't know what to call the President-elect,'' Liebengood told The New York Times in November of that year. ''Do you call him 'President-elect,' 'Governor,' or what?” (He went with “Sir.”)

It would not be the first—or last—time someone wondered what, exactly, a Sergeant at Arms (SAA) should be doing. Both the House and the Senate have their own Sergeant at Arms, and their visibility is highest during the State of the Union address. For Donald Trump’s State of the Union on January 30, the 40th Senate SAA, Frank Larkin, will escort the senators to the House Chamber, while the 36th House of Representatives SAA, Paul Irving, will introduce the president (“Mister [or Madam] Speaker, the President of the United States!”). But the job's responsibilities extend far beyond being an emcee.

The Sergeants at Arms are also their respective houses’ chief law enforcement officers. Obliging law enforcement duties means supervising their respective wings of the Capitol and making sure security is tight. The SAA has the authority to find and retrieve errant senators and representatives, to arrest or detain anyone causing disruptions (even for crimes such as bribing representatives), and to control who accesses chambers.

In a sense, they act as the government’s bouncers.

Sergeant at Arms Frank Larkin escorts China's president Xi Jinping
Senat Sergeant at Arms Frank Larkin (L) escorts China's president Xi Jinping during a visit to Capitol Hill.
Astrid Riecken, Getty Images

This is not a ceremonial task. In 1988, Senate SAA Henry Giugni led a posse of Capitol police to find, arrest, and corral Republicans missing for a Senate vote. One of them, Republican Senator Bob Packwood of Oregon, had to be carried to the Senate floor to break the filibustering over a vote on senatorial campaign finance reform.

While manhandling wayward politicians sounds fun, it’s more likely the SAAs will be spending their time on administrative tasks. As protocol officer, visits to Congress by the president or other dignitaries have to be coordinated and escorts provided; as executive officer, they provide assistance to their houses of Congress, with the Senate SAA assisting Senate offices with computers, furniture, mail processing, and other logistical support. The two SAAs also alternate serving as chairman of the Capitol Police board.

Perhaps a better question than asking what they do is pondering how they have time to do it all.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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History
Alexander Hamilton’s Son Also Died in a Duel
Alexander Hamilton
Alexander Hamilton
Hulton Archive/Getty Images

When Aaron Burr shot Alexander Hamilton on July 11, 1804, the scene must have been eerily familiar to the former Secretary of the Treasury. After all, his son died in a similar setting just three years earlier.

On November 20, 1801, 19-year-old Philip Hamilton and his friend Richard Price had a run-in with a young lawyer named George I. Eacker at Manhattan's Park Theatre. A supporter of Thomas Jefferson, Eacker had delivered a Fourth of July speech that harshly criticized the elder Hamilton, and his son was apparently determined to take revenge.

On that fateful day in November, according to biographer Ron Chernow, Price and the younger Hamilton "barged into a box where Eacker was enjoying the show ... [then] began taunting Eacker about his Fourth of July oration."

As onlookers started to stare, Eacker asked the two young men to go into the lobby, where he called the pair "damned rascals." Tempers rose, and although the trio went to a tavern in an attempt to settle their differences, they failed miserably. Later the same night, Eacker had a letter from Price challenging him to duel.

Customs of the time meant that Eacker had little choice but to accept or face social humiliation. He and Price met that Sunday in New Jersey, where the penalties for dueling were less severe than in New York. They exchanged four shots without injury—and considered the matter between them closed.

Philip Hamilton wasn't so lucky. Cooler heads tried to negotiate a truce with Eacker's second, but their efforts were also for naught. Once the duel had been scheduled for November 23 on a sandbar in today's Jersey City, the elder Hamilton advised his son to preserve his honor by wasting his first shot—by waiting until Eacker fired first or firing into the air, a move the French called the delope. The intent was to cut the duel short, and, if the other side fired to kill, plainly show they had blood on their hands.

Philip seemed to follow his father's advice. For about a minute after the duel officially began, neither man made a move. Then, Eacker raised his pistol, and Philip did too. Eacker fired, and Philip shot back, though it may have been an involuntary reaction to having been hit. The bullet tore through Philip's body and settled in his left arm. Despite being rushed to Manhattan, he died early the next morning.

On July 11, 1804, Alexander Hamilton and Aaron Burr also departed to New Jersey, this time Weehawken, to settle their infamous differences. This time, the elder Hamilton fired the first shot—and he aimed to miss. (According to his second, anyway.) Burr, on the other hand, seemed to have every intention of connecting with his target. He shot Hamilton in the stomach, and the bullet lodged in his spine.

Just like Philip, Hamilton died the next day.

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