Tag

#pardons

Presidential pardons or commutations of sentences, particularly when issued to political allies, January 6 participants, or individuals convicted of corruption — undermining the rule of law and creating impunity for political violence.

7 incidents

Grade 2 of 5: Major Abuse of Power

Systematic Pardons of Political Allies and Financial Criminals — $1.3 Billion in Victim Restitution Erased

A systematic pattern of pardons benefiting political allies, donors, and financial criminals. Over half of 88 clemency grants went to white-collar offenders, erasing $1.3 billion in victim restitution. Twenty corrupt politicians were pardoned. The DOJ's Public Integrity Section — responsible for investigating corruption — has been largely dismantled, and the head of the Pardon Attorney's office was fired and replaced with a political loyalist.

Grade 2 of 5: Major Abuse of Power

First-Term Pardons: Rewarding Allies Who Protected Trump from Prosecution

Trump's end-of-term pardons formed a pattern: the beneficiaries were overwhelmingly personal associates, political allies, or people whose silence or loyalty had protected Trump from prosecutorial pressure. Manafort and Stone had both been convicted in Mueller's investigation. Flynn had pleaded guilty twice to lying to the FBI. Bannon was under indictment for fraud. The pardons rewarded loyalty and silence — establishing that cooperation with investigators would not be protected, while non-cooperation would be.

Grade 4 of 5: Critical Rights and Rule-of-Law Concern

War Criminal Pardons: Gallagher, Lorance, Golsteyn — Undermining Military Justice

The Gallagher case was the most prominent: he had been reported by his own platoon members, who described him as 'freaking evil' and said they feared he would shoot civilians and colleagues. He was convicted by court-martial of posing with a corpse but acquitted of murder after a key prosecution witness changed his testimony. Trump followed the verdict by restoring Gallagher's rank and then, overriding Defense Secretary Esper's objections, blocking the Navy SEALs from removing Gallagher's Trident pin (the insignia of qualification). Navy Secretary Richard Spencer was fired after he sought a compromise with the White House outside normal channels. The pardons were condemned by military ethics experts as undermining the uniform code and the military's commitment to the laws of armed conflict.

Grade 2 of 5: Major Abuse of Power

Presidential Pardons: Political Allies and Corrupt Officials Pardoned

Trump granted clemency 237 times in his first term (144 pardons and 94 commutations), including 143 grants on his last full day in office. Analysts documented that a disproportionate share of Trump's pardons went to political allies, relatives of political allies, or individuals whose cases were connected to Trump's political interests. The pardons of Manafort, Stone, Flynn, and Bannon were specifically notable because each had been convicted or charged in connection with conduct related to Trump's political activities, and each received executive clemency. The final day pardons also included Steve Bannon, who was awaiting trial.

Grade 4 of 5: Critical Rights and Rule-of-Law Concern

Trump Pardons Sheriff Joe Arpaio for Defying a Court Order Against Racial Profiling (2017)

A federal judge found Arpaio guilty of deliberately defying a court order meant to stop his deputies from detaining Latino drivers on immigration suspicion alone. Trump pardoned him before he could be sentenced, removing the courts' criminal sanction for an official's defiance of an order protecting constitutional rights.

Grade 2 of 5: Major Abuse of Power

Mueller Investigation Obstruction: Witness Tampering, McGahn, Flynn Pardon Signal

The Mueller Report documented a sustained pattern of obstruction. Trump ordered McGahn to fire Mueller in June 2017; McGahn refused and prepared to resign. Trump later ordered McGahn to publicly deny having received this order; McGahn refused. Trump publicly praised associates who did not cooperate and attacked those who did. The Mueller Report examined whether Trump's public and private statements about Manafort were intended to signal that a pardon was possible and so discourage cooperation. Mueller concluded that Congress, not the Special Counsel, was the appropriate institution to address obstruction given OLC policy against indicting a sitting president.