I think this is necessary class of pardons. A hypothetical example of a good preemptive pardon would be Congress repealing an unjust law, and the president pardoning anybody who broke that law before the repeal.
>(2) To himself, his current or former Cabinet members, or to any of the foregoing’s current or former spouses or children or grandchildren (or their spouses)
Agree on not pardoning himself or cabinet members. Maybe could extend that to include all political appointees. Politicians shouldn't enjoy special privileges like these. But I'm less convinced about preventing family pardons. Those people (generally) aren't politicians. And, if they plan to abuse the president's pardon to commit crimes, they'd either be asking after the crime and risking the president refusing, or asking before and leaving the president open to conspiracy charges.
>(3) Issued after the presidential election in the final year of their term.
I've grown too cynical about the voters to believe this would matter. Most people don't follow politics closely enough to know who's been pardoned, what they did, and any political/personal connections they had with the president.
If I may suggest a limitation, how about allowing the House or Senate to veto a pardon with a 2/3 majority?
Congress could do this when they pass the law. If they didn't, they specifically chose not to.
> less convinced about preventing family pardons. Those people (generally) aren't politicians
What if we invert the question: in what case would the family require a pardon such that their spouse or parent in a position of massive power couldn't help them out of a legitimate scuffle?
> Most people don't follow politics closely enough to know who's been pardoned
Then why do most of the controversial pardons come in this envelope?
> how about allowing the House or Senate to veto a pardon with a 2/3 majority?
I like this much better.