Executive Clemency Actions Under Donald Trump's Second Term
Former President Donald Trump has issued numerous pardons and commutations during his second term, with a notable number granted to individuals connected to his personal and political spheres. This trend has been observed by constitutional law experts.
Key Clemency Recipients
Recent clemency grants include:
- Rudy Giuliani: Former aide.
- Mark Meadows: Former White House Chief of Staff.
- Others associated with actions related to the 2020 presidential election results.
- George Santos: Former U.S. Representative who pleaded guilty to wire fraud and identity theft.
- Changpeng Zhao: Former CEO of Binance, who pleaded guilty to money laundering charges.
Bernadette Meyler, a professor of constitutional law at Stanford University, has characterized these actions as reflecting an "insider pardon" trend.
Presidential Clemency Authority
U.S. presidents hold broad constitutional authority to nullify federal convictions or sentences. This legal principle originated from English law, where the monarch possessed a "prerogative of mercy."
Trump's first term also featured pardons for political allies and individuals whose cases were advocated by public figures. These patterns have reportedly intensified during his second term, according to Meyler. She states that Trump has utilized the pardon power to issue political statements, benefiting those who have supported his political career and expressing his views on the appropriateness of certain punishments.
Historical Context of Presidential Pardons
The practice of presidents showing leniency to political allies is not unprecedented. Examples include:
- President Bill Clinton: Pardoned Mark Rich, a former hedge-fund manager whose ex-wife had made significant donations to Democratic entities.
- President George W. Bush: Commuted the sentence of Lewis "Scooter" Libby, former chief of staff to Vice President Dick Cheney.
During his first four years in office, Trump pardoned his former campaign chairman, Paul Manafort; commuted the sentence of political confidant Roger Stone; and pardoned Charles Kushner, his son-in-law's father.
Jeffrey Crouch, a professor of American politics at American University, noted that Trump's second term continues an approach to pardons that has been described as unconventional. On his inauguration day, Trump pardoned approximately 1,500 individuals and commuted the sentences of several others convicted in connection with the January 6, 2021, events at the U.S. Capitol. This figure contrasts with 238 clemency actions in his first term. Crouch also highlighted that Trump has not adhered to the tradition of reserving controversial clemency grants for a "lame duck" period.
Historically, presidents have also employed clemency to address national divisions, such as George Washington's pardons related to the Whiskey Rebellion and Jimmy Carter's blanket pardon for Vietnam War draft evaders.
Political Motivations and Outcomes
The Trump administration has granted clemency to some political supporters. In May, Trump pardoned former Virginia Sheriff Scott Jenkins, who had supported Trump and was convicted of bribery. Upon Santos's pardon, Trump stated on social media that Santos possessed "the Courage, Conviction, and Intelligence to ALWAYS VOTE REPUBLICAN!"
While impeachment serves as a constitutional check on presidential power, Trump's clemency decisions have reportedly faced minimal criticism from within the Republican party. Previous presidents, such as Gerald Ford, experienced declines in public approval after controversial pardon decisions, like the pardon of Richard Nixon in 1974.
Trump has also pardoned public officials convicted of corruption, including Democrats like former Illinois Gov. Rod Blagojevich and former Cincinnati City Council member P.G. Sittenfeld. Citizens for Responsibility and Ethics in Washington reported that Trump has pardoned a total of 16 former elected officials convicted of corruption. Meyler suggested that Trump, who has characterized his own prosecutions as politically motivated, may identify with other political figures facing corruption charges.
Clemency Process and Administration Responses
The White House commented on Trump's involvement in the pardon process, contrasting it with former President Joe Biden's use of an autopen for official documents and pardons. White House spokesperson Abigail Jackson referenced criticisms from Trump and his allies regarding Biden's approach, including Biden's pardon of his son Hunter and commutations of federal death row prisoners.
The official procedure for seeking clemency typically involves submitting an application to the U.S. Pardon Attorney. Ed Martin, the current pardon attorney, was appointed by Trump. The previous pardon attorney, Liz Oyer, was dismissed in March after not restoring actor Mel Gibson's gun rights. Mark Osler, a law professor at the University of St. Thomas, indicated uncertainty regarding the current efficacy of the formal application process.
Osler also observed that norms surrounding the clemency process were already strained prior to Trump's presidency, a trend that has continued. He noted that Biden also issued pardons to political allies, including his son Hunter, in anticipation of potential targeting. Concerns have been raised regarding who receives clemency compared to individuals who have served long sentences and demonstrated rehabilitation.
In February, Trump appointed Alice Johnson, whom he had pardoned during his first term for a nonviolent drug offense, to a role focusing on clemency. Johnson stated she had sent over 100 clemency petitions to the White House.