#6: Abusing the pardon power
The Constitution places almost no limits on presidential commutations and pardons for federal crimes, and many past presidents have granted controversial pardons, especially in their final weeks in office. But the experts agreed that Trump took this phenomenon to new extremes.
“I thought Bill Clinton abused the pardon power at the end of his term. But what we’re seeing from Trump makes Clinton look trivial in comparison,” said Diamond, from the Hoover Institution, referring to Clinton’s controversial pardons to associates and allies on his last day in office.
Trump eschewed the regular process and almost never consulted with the Justice Department’s clemency office, leading to some highly controversial pardons. Some of the experts said that while allowable, these pardons undercut anti-corruption efforts and undermined the rule of law.
ABUSING THE PARDON POWER
Analysis: President Trump keeps pardoning his political friends
Trump: ‘I have the absolute right to pardon myself’
Trump told CBP head he’d pardon him if he were sent to jail for violating immigration law
Trump asking aides and lawyers about self-pardon power
Mueller found some evidence that Trump obstructed justice by publicly urging ex-aides not to cooperate and dangling pardons in exchange for loyalty. Trump closed the loop in December 2020 by pardoning former aides Roger Stone, Paul Manafort, Michael Flynn and George Papadopoulos, who were convicted of lying or obstructing the Mueller probe, among other crimes.
“He used the pardon as a tool to entrench himself in power and to subvert the legal system,” said Manheim, the constitutional specialist at the University of Washington School of Law.
In one of his final acts in office, Trump pardoned his former strategist Steve Bannon, who was charged in 2020 with defrauding Trump supporters in a “build the wall” scheme. The pardon was especially controversial, given Bannon’s violent rhetoric and ties to “stop the steal” groups that attacked the Capitol.
Trump also pardoned prominent Republicans who were early boosters of his 2016 campaign, and used footage of a pardon ceremony for political purposes at the 2020 Republican National Convention. He never followed through, but Trump openly mused about pardoning himself, claiming multiple times that he could if he wanted to, even though that claim is untested and legally dubious.
“I think the president’s pardon power is essentially unlimited. I even think he can pardon himself for past crimes,” Paulsen said. “Nonetheless, to abuse the pardon power like Trump has, while not unconstitutional, it is surely impeachable and deserves condemnation.”
The Constitution places almost no limits on presidential commutations and pardons for federal crimes, and many past presidents have granted controversial pardons, especially in their final weeks in office. But the experts agreed that Trump took this phenomenon to new extremes.
“I thought Bill Clinton abused the pardon power at the end of his term. But what we’re seeing from Trump makes Clinton look trivial in comparison,” said Diamond, from the Hoover Institution, referring to Clinton’s controversial pardons to associates and allies on his last day in office.
Trump eschewed the regular process and almost never consulted with the Justice Department’s clemency office, leading to some highly controversial pardons. Some of the experts said that while allowable, these pardons undercut anti-corruption efforts and undermined the rule of law.
ABUSING THE PARDON POWER
Analysis: President Trump keeps pardoning his political friends
Trump: ‘I have the absolute right to pardon myself’
Trump told CBP head he’d pardon him if he were sent to jail for violating immigration law
Trump asking aides and lawyers about self-pardon power
Mueller found some evidence that Trump obstructed justice by publicly urging ex-aides not to cooperate and dangling pardons in exchange for loyalty. Trump closed the loop in December 2020 by pardoning former aides Roger Stone, Paul Manafort, Michael Flynn and George Papadopoulos, who were convicted of lying or obstructing the Mueller probe, among other crimes.
“He used the pardon as a tool to entrench himself in power and to subvert the legal system,” said Manheim, the constitutional specialist at the University of Washington School of Law.
In one of his final acts in office, Trump pardoned his former strategist Steve Bannon, who was charged in 2020 with defrauding Trump supporters in a “build the wall” scheme. The pardon was especially controversial, given Bannon’s violent rhetoric and ties to “stop the steal” groups that attacked the Capitol.
Trump also pardoned prominent Republicans who were early boosters of his 2016 campaign, and used footage of a pardon ceremony for political purposes at the 2020 Republican National Convention. He never followed through, but Trump openly mused about pardoning himself, claiming multiple times that he could if he wanted to, even though that claim is untested and legally dubious.
“I think the president’s pardon power is essentially unlimited. I even think he can pardon himself for past crimes,” Paulsen said. “Nonetheless, to abuse the pardon power like Trump has, while not unconstitutional, it is surely impeachable and deserves condemnation.”
