Thanksgiving is turkey pardoning season. For decades now, the U.S. president has been ceremonially releasing a lucky turkey from its fate as a family dinner. It is a bizarre custom, and NPR reports that it has its roots in an attempt to distract the public from the Iran-Contra scandal, which had raised questions as to whether Reagan would pardon members of his own administration who had been caught up in it. George H.W. Bush formalized the ritual, and it has been with us ever since.
Thus the turkey pardon is associated with the president who ushered in the neoliberal order and was confirmed by his successor, who presided over the transition to the “new world order” that emerged with the collapse of the Soviet Union. This was the historical moment in which the U.S. President effectively became the global sovereign, unchecked by the counterweight of the Eastern bloc.
Giorgio Agamben teaches us that the fundamental activity of sovereignty in the Western political order is the production of bare life through the inclusion-by-exclusion of natural life or zōē. And it is certainly the case that the U.S. as global sovereign has consigned ever-increasing populations to the status of bare life, above all in the assertion of the power to carry out drone strikes anywhere in the world based solely on the president’s own decision.
In this context, the spectacle of the turkey pardon appears ironic or even parodic. At a time when the president can put virtually anyone to death based on his sole discretion, without any need for a legal trial or judgment, he also extends mercy to an animal, “including” it in the legal order by declaring its exemption from guilt. Yet what could this possibly mean? The turkey is not legally accountable for its actions and hence incapable of committing a crime. A pardon is not only superfluous, but incoherent. There have been cases of people who have maintained their innocence and therefore refused a pardon because it would imply a previous legal guilt. Yet the turkey is not even innocent — it is absolutely foreign the regime of guilt and innocence. To the extent that it is condemned to death, it is not for any kind of crime, but solely as a result of its de facto appeal as a human foodstuff. And even when it does have this strange encounter with the legal order, it does not generate new legal facts (aside, perhaps, from a transfer of ownership to the relevant wildlife sanctuary). Certainly it does not constitute the turkey as a legal subject with rights. Someone who killed the pardoned turkey would not be a murderer, but simply a jerk.
The encounter between sovereignty and the natural life of the turkey is thus a failed one, and therein lies the turkey pardon’s messianic promise. The ultimate sovereign prerogative of the presidential pardon falls idle in its application to a subject who is incapable of guilt or innocence. As against the “zone of indistinction” that opens up between law and life in the sovereign exception, here we have a separation of the two orders without any overlap — a law that is inapplicable, and a life that is simply lived, in blissful ignorance of the legal order. In the messianic kingdom, we will all, in a sense, be the pardoned turkey that is left to live out its life in peace.