124. President Trump has abused the presidential pardon
Article II allows the president to grant pardons for any offenses against the United States, except in cases of impeachment. The presidential pardon power is among the most absolute authorities granted in the Constitution, and President Donald Trump has abused it.
The pardons Trump issued to the 1500 people who took part in the January 6th insurrection have rightfully generated outrage. Those pardons are unprecedented and deeply troubling—particularly in light of the injuries suffered by more than 140 Capitol Hill police officers during the insurrection.
Some have argued the pardons were warranted due to supposed unfair prosecution by the Biden administration. But the Department of Justice handled the cases appropriately: charges were brought, trials were held before judges and juries, and juries found guilt beyond a reasonable doubt. There is no evidence federal prosecutors fabricated or suppressed evidence or lied; claims of unfair treatment have not been substantiated.
Even though the videos we have all seen of the insurrection show lawless violence, the White House has stated the insurrectionists were actually “peaceful patriotic protesters.” By pardoning the insurrectionists, Trump shamelessly abandoned and showed no concern for the Capitol police officers.
Beyond the January 6th cases, over half of the other pardons granted were for white-collar crimes committed by business executives, politicians, and a few billionaires. Court-ordered restitution to victims was wiped out, leaving the victims to pursue civil action on their own.
Examples include Trevor Milton, who defrauded investors of $675 million but contributed $1.8 million to Trump's campaign, and Paul Waze, who failed to pay millions in taxes and was pardoned, erasing court-ordered restitution. Other pardons involved individuals connected to Trump's business interests or political allies, raising concerns about the integrity of the process.
The pardon of Juan Orlando Hernández, the former President of Honduras convicted of drug smuggling, is particularly perplexing given its contrast with U.S. actions against other foreign leaders. The underlying motivations remain unclear, and the transparency of the process is lacking.
While questionable pardons are not new, what sets President Trump apart is the sheer volume. President Biden granted 80 pardons, Trump 144 in his first term, Barack Obama 212 over two terms, George W. Bush 189 over two terms, and Bill Clinton 396 over two terms. Trump surpassed all by granting 1500 pardons on his first day in office in his second term.
Other presidents have also issued controversial pardons. Clinton pardoned Mark Rich, whose ex-wife donated sizable sums to Democratic causes, and George W. Bush commuted the sentence of Lewis “Scooter” Libby, convicted of perjury and obstruction of justice.
Liz Oyer of the Department of Justice, who oversaw the pardon process, resigned in protest over controversial Trump’s decisions and is now an outspoken critic of Trump
