This piece was initially released byThe Marshall Projecta non-profit news outlet focused on the U.S. criminal justice system. Subscribe to theirnewsletters, and follow them onInstagram, TikTok, Reddit and Facebook.
This narrative is included in "Trump Two: Six Months Laterour series examining the administration's attempts to reform immigration enforcement and the criminal justice system.
Their situations varied. One received a four-year prison term in a $675 million fraud case related to promoting an electric truck that could not be driven. Another attempted to destabilize the government. A tax evader escaped jail time and $4.4 million in compensation after his mother contributed $1 million to the president.
There are two shared elements in their cases. President Donald Trump granted them all clemency during the initial months of his second term. These pardons went against established Department of Justice guidelines that emphasize rewarding individuals who express regret, make amends, and can positively impact society. Since re-entering the White House, Trump has issued over 1,600 pardons, along with at least two corporate pardons, within his first six months in office. Legal professionals and experts argue that many of these pardons have breached principles meant to uphold fairness and safeguard the public.
The modifications started right away. Just hours after assuming office, Trump granted pardons to over 1,500 individuals involved in the January 6, 2021, attack on the U.S. Capitol. This included men who utilized bear spray, bats, batons, and poles to attack law enforcement officers.
Former presidents have granted contentious pardons, often during their final days in power: Bill Clinton pardoned a financierMarc Rich, Joe Biden pardoned his son Hunteralthough promising not to, and George H.W. Bush granted a pardonsix prominent officialsfor their involvement in the Iran-Contra affair.
However, legal professionals state that no president has ever begun a term with such a significant number of pardons that go against established policies and traditions.
Lee Kovarsky, a law professor at the University of Texas, characterizes Trump's January 6 actions as "patronage pardoning– highly publicized actions that convey the message that Trump will shield allies who break the law to further his goals." "It's mafia-like behavior," Kovarsky stated. "They won't harm you physically, but they'll publicly pardon the person who does.
Section II of the Constitution grants the president the authority to forgive individuals for federal offenses. The Supreme Court's 2024decisionthe concept of presidential immunity has demonstrated that the president enjoys significant flexibility while performing essential duties of the position.
"A Supreme Court ruling complicates understanding just how obviously corrupt a president's actions would need to be to surpass immunity," stated Brandon Garrett, a law professor at Duke University.
In her dissent regarding the immunity case, Justice Sonia Sotomayor explicitly mentioned pardons while outlining offenses that future presidents might commit without facing repercussions. "Instructs the Navy's Seal Team 6 to kill a political opponent? Immune. Stages a military coup to remain in power? Immune. Accepts a bribe in return for a pardon? Immune. Immune, immune, immune."
The Department of Justice has employed the Pardon Attorney since 1894. Throughout the years, the procedure for handling requests for pardons and commutations has been established in theJustice Manual, which outlines the procedure for administering clemency.
One of the two primary objectives of the Justice Manual is to guarantee that all applications are evaluated based on the same standards, irrespective of an individual's identity or connections, stated Liz Oyer, who held the position of Pardon Attorney for three years. The second objective is to "ensure that clemency is given to those who genuinely deserve a new opportunity and who will not pose a threat to the community in the future."
In March, actor Mel Gibson, who is friends with Trump, tried to clear his criminal record in order to regain the right to own a firearm. Oyer chose not to support a pardon because of Gibson's past incidents of violence towards women. She wasfired several hours laterwithout any explanation. She is taking legal action to reclaim her position.
The Department of Justice released a statement indicating that it adheres to the Justice Manual when examining pardon requests and providing suggestions.
One of the initial responsibilities of the pardon office is to gather opinions from individuals involved in the conviction: prosecutors, judges who imposed sentences, and victims of the crime. The office has the authority to request an FBI criminal record check. The pardons related to the January 6th events were announced just hours after the inauguration, meaning that no input was obtained for the 1,500 cases.
Among those granted a pardon by Trump related to January 6 was David Daniel from Mint Hill, North Carolina. If the procedures had been adhered to, the pardon office would havelearned thatDaniel is accused of possessing child pornography and sexually assaulting a young girl.
In severe offenses — such as violent acts or costly white collar crimes — the Justice Manual suggests that a reasonable period should pass before considering a pardon to prevent undermining the gravity of the crime.
That condition did not apply to Stewart Rhodes, the head of the Oath Keepers — a far-right anti-government group — who received an 18-year sentence for attempting to topple the government. He spent less than two years in prison before Trump commuted his sentence to time served. Trump has also granted pardons toleast nine people beforeor shortly after they were sent to prison, including one individualbefore sentencing.
An essential guideline in the Justice Manual regarding pardons is whether the individual has acknowledged guilt and shown regret: "A applicant should sincerely seek forgiveness instead of seeking to prove their innocence."
Trump granted a pardon to Enrique Tarrio, the head of the Proud Boys and one of the key figures behind the Capitol attack, who had received a 22-year sentence. Following this, Tarrio and other members of the Proud Boys...suedthe Department of Justice for $100 million, asserting that they were victims of unjust prosecution.
Another key requirement for a pardon is compensation: Have those seeking clemency provided funds to restore the victims of their crimes?
This highlights what Kovarsky, a Texas law professor, refers to as the "open for business pardon," where Trump issues pardons to individuals who have politically backed him or who might owe significant amounts in restitution.
A jury found Trevor Milton, the creator of the electric truck company Nikola, guilty of fraud; a judge imposed a four-year prison sentence on him. He was notably known for having made avideoin which a test vehicle that seemed to be moving along a highway was actually a non-working truck descending a slope.
In October, Milton and his wife each contributed $900,000 to Trump-related political groups. By March, federal prosecutors had asked the trial judge to require Milton to pay $675 million in compensation. Just two weeks later, right before Milton was scheduled to turn himself in to federal prison, Trump issued him a pardon that removed his prison term and erased his obligation to compensate the victims of his fraudulent activities.
Milton has maintainedthat he is innocent, that he fell victim to unscrupulous prosecutors from the Biden administration, and that his political donations had no connection to the pardon. He stated he contributed to Trump because of his disagreement with Biden's economic policies. "I simply wanted some fiscal responsibility," he mentioned to a Phoenix TV reporter.
In late 2024, Paul Walczak, a nursing home administrator from Florida, received an 18-month prison sentence and was required to pay $4.4 million in compensation for embezzling his employees' tax payments. Just three weeks after Walczak's mother attendeda $1 million-a-head fundraiserFor Trump at Mar-a-Lago, the president granted clemency to Walczak, eliminating the prison sentence and financial compensation.
Trump's pardons have resulted in significant costs for taxpayers and crime victims. In addition to group pardons for January 6 defendants and anti-abortion protesters, the president has granted clemency to 46 people. Over half of these individuals have been released from paying fines and restitution.
Oyer, the former executive clemency officer, has established a "pardon tracker” on her websitethat accounts for the cost of Trump's pardons for individuals and organizations that were required to pay restitution and fines. As of July 23, the total burden on taxpayers and victims of crime has exceeded $1.3 billion.
Oyer's tracker also highlights an increasing number of pardon requests from regular Americans. The queue was slightly below 5,000 when Trump took office. By July 15, the number had more than doubled, reaching 11,664.
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This piece was initially released byThe Marshall Projecta non-profit news outlet focusing on the U.S. criminal justice system. Subscribe to theirnewsletters, and follow them onInstagram, TikTok, Reddit and Facebook.
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