Giving Compass' Take:
- Joseph Neff discusses how recent presidential political pardons have violated long-held standards designed to ensure justice and protect the public.
- What is the role of donors, funders, and the philanthropic sector as a whole in strengthening democracy?
- Learn more about key issues in criminal justice and how you can help.
- Search our Guide to Good for nonprofits focused on criminal justice in your area.
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Their political pardon cases were different. One faced a four-year prison sentence in a $675 million fraud case for marketing an electric truck that wasn’t drivable. Another tried to overthrow the government. A tax cheat avoided prison and $4.4 million in restitution after his mom donated $1 million to the president.
Their cases have two things in common. President Donald Trump pardoned them all in the early months of his second administration. And those pardons violated long-standing Department of Justice policies that reward people who show remorse, pay restitution and can contribute to society. Since returning to the White House, Trump has pardoned more than 1,600 people and at least two corporations in his first six months in office. Many of those pardons have violated standards designed to ensure fairness and to protect the public, attorneys and legal experts say.
The changes began immediately. Hours after taking the oath of office, Trump pardoned more than 1,500 rioters who attacked the U.S. Capitol on Jan. 6, 2021. That included men who used bear spray, bats, batons and poles to assault police officers.
Past presidents have issued controversial pardons, usually in their last days in office: Bill Clinton pardoned financier Marc Rich, Joe Biden pardoned his son Hunter despite promising not to, and George H.W. Bush pardoned six prominent officials for their roles in the Iran-Contra scandal.
But legal experts say no president has started a term with so many pardons that violate long-standing policies and norms.
Lee Kovarsky, a University of Texas law professor, describes Trump’s Jan. 6 action as “patronage pardoning” — highly publicized actions that send the message that Trump will protect allies who break the law to advance his agenda. “It’s mafia stuff,” Kovarsky said. “They won’t break your legs, but they’ll publicly pardon the person who does.”
Article II of the Constitution gives the president the power to pardon anyone for federal crimes. The Supreme Court’s 2024 decision about presidential immunity made it clear that the president has broad leeway when exercising core powers of the office.
Read the full article about political pardons by Joseph Neff at The Marshall Project.