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During his tenure as president of the United States (January 20, 2017 – January 20, 2021), Donald Trump granted executive clemency to 237 individuals charged or convicted of federal criminal offenses, using his clemency power under Article II, Section 2 of the Constitution. Ordinarily, all requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney (OPA) in the U.S. Department of Justice for review; however, Trump frequently bypassed the OPA, and the majority of his executive clemency grants were made to well-connected convicts who did not file a petition with the OPA or meet the OPA's requirements.[1][2] Overall, Trump granted less clemency than many of the modern presidents.[3]
Of the pardons and commutations that Trump did grant, the vast majority were to persons to whom Trump had a personal or political connection, or persons for whom executive clemency served a political goal.[2][3][4] A significant number had been convicted of fraud or public corruption.[5]The New York Times reported that during the closing days of the Trump presidency, individuals with access to the administration, such as former administration officials, were soliciting fees to lobby for presidential pardons.[6]
The U.S. president's power of clemency arises from Article II of the United States Constitution. Clemency "may take several forms, including pardon, commutation of sentence, remission of fine or restitution, and reprieve",[7] with the two most commonly used forms being a pardon or commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all further punishment for the crime is waived.[8] The president can only grant pardons for federal offenses.[9] When the president commutes a sentence, it reduces the severity of a sentence without voiding the conviction itself; for example, a commutation may reduce or eliminate a prison term, while leaving other punishments intact.[7] The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."[1]
Trump's use of executive clemency
For 125 years, the key adviser to the president on clemency has been the Department of Justice's Office of the Pardon Attorney (OPA) which normally reviews all requests for pardons.[1] Trump often bypassed the OPA, and, unlike previous presidents, made the majority of his grants to executive clemency to "well-connected offenders who had not filed petitions with the pardon office or did not meet its requirements."[1] Ultimately, of the 237 grants of clemency by Trump, only 25 came through the Office of the Pardon Attorney's process (which at the end of Trump's presidency had a backlog of 14,000 applications); the other clemency recipients came to Trump's attention through an ad hoc process at the Trump White House that benefited clemency applicants with money or connections to Trump allies, friends, and family members.[4] Most of Trump's pardons and commutations were granted to people with personal or political connections to him.[10]
Compared to other presidents, Trump granted clemency at low rates, with the bulk coming later in his term. Of Trump's grants of clemency, 84% were made in his last fiscal year in office,[11] with 144 out of his 237 grants of clemency being granted on his last night in office; the list was "assembled so hastily that it contained inaccurate information about some cases."[12] Legal experts raised concerns that Trump was "relying on his personal connections rather than the Justice Department's established review process for finding convicts deserving of clemency."[13] A late December 2020 analysis by Harvard Law School's Jack Goldsmith determined that "seven of the 94 Trump grants came on recommendation from the pardon attorney" and "at least 84 out of 94 Trump pardons had a personal or political connection to the president."[2] On February 19, 2020, Vermont Senator Patrick Leahy requested information on the process used by Trump in deciding to grant clemency to 11 people the preceding day.[14][15] In response to the criticism of his bypassing of the OPA, Trump said that he is the "chief law enforcement officer of the country."[13]
Former Justice Department official and Mueller investigation prosecutor Andrew Weissmann noted that the language of Trump's pardons varied, ranging from a broad pardon of Michael Flynn to narrower pardons for several others, including Paul Manafort and Roger Stone, which Weissmann argued created "windows of opportunity" to prosecute individuals who had been narrowly pardoned.[16]
Many of Trump's grants of clemency were criticized by the federal agents and prosecutors who investigated and prosecuted the cases.[21] Trump's grant of clemency to Stone in July 2020 marked the first time Trump granted clemency to a "figure directly connected to the president's campaign."[17] Representatives Jerrold Nadler and Carolyn B. Maloney, who chair two House committees, said that "No other president has exercised the clemency power for such a patently personal and self-serving purpose" and said that they would investigate whether Stone's commutation was a reward for protecting Trump.[17] Most Republican elected officials remained silent on Trump's commutation of Stone.[18] Exceptions were Republican senators Mitt Romney, who termed the commutation "unprecedented, historic corruption," and Pat Toomey, who called the commutation a "mistake" due in part to the severity of the crimes of which Stone was convicted.[17][22][23]
Requests by celebrities
In 2018, following a request by celebrity Kim Kardashian, Trump commuted the life sentence of Alice Marie Johnson who had been convicted of drug trafficking.[24] In August 2020, he pardoned Johnson after she had praised his leadership in a campaign video at the 2020 Republican National Convention.[25][26]
Military personnel accused or convicted of war crimes
Trump granted executive clemency to three court-martialed U.S. military officers who were accused or convicted of war crimes in Iraq and Afghanistan.[27] Trump granted the pardons against the advice of senior military and Defense Department leadership, as well as U.S. military lawyers.[27] Critics state that Trump's pardons of the officers undermined military discipline, constituted an inappropriate interference in the U.S. military justice system, and called into question the U.S. commitment to the law of armed conflict.[28][29][30] Tensions between Trump and the Defense Department regarding Trump's interventions in the military justice system culminated in the firing of Secretary of the NavyRichard V. Spencer.[27][31][32] Two ex-military officers pardoned by Trump appeared with the president at campaign events in 2019.[32]
Many wealthy individuals paid tens of thousands of dollars to former advisors to Trump for them to lobby Trump to grant pardons, bypassing the review process of the Office of the Pardon Attorney.[35][12] Trump former personal lawyer John M. Dowd was hired by a number of convicts to lobby Trump for clemency, taking advantage of his direct access to Trump's White House Counsel's Office.[12]Matt Schlapp, the chairman of the American Conservative Union[12] and a lobbyist close to Trump administration,[35] also lobbied Trump for clemency on behalf of their clients,[12][35] as did Mark D. Cowan, another lobbyist allied with the administration.[35] Trump's White House Counsel Pat Cipollone was officially in charge of the internal White House pardon process, but "key gatekeepers" included Trump's daughter Ivanka Trump and son-in-law Jared Kushner.[12] Trump was also influenced by a "kitchen cabinet" that included Tolman; Americans for Prosperity chairman Mark Holden; Trump's former acting attorney general Matt Whitaker; Trump clemency recipient Alice Marie Johnson; and Trump's former attorney Pam Bondi, a former Florida Attorney General.[12]
Chronology
From 2017 to 2019, the pardons included former Arizona sheriff Joe Arpaio;[36] former Navy sailor Kristian Saucier, who was convicted of taking classified photographs of classified areas inside a submarine;[37]Scooter Libby, a political aide to former vice president Dick Cheney;[38] conservative commentator Dinesh D'Souza.[39] He pardoned or reversed the sentences of three American soldiers convicted or accused of war crimes in Afghanistan or Iraq.[40]
In his last full day in office, Trump granted 143 pardons and commutations, including to his former chief strategist Steve Bannon, Trump fundraiser Elliott Broidy, and former Republican congressmen Rick Renzi, Robert Hayes, and Randall "Duke" Cunningham. He also commuted the sentences of dozens of people, including former Detroit mayor Kwame Kilpatrick and sports gambler Billy Walters; the latter had paid tens of thousands of dollars to former Trump attorney John M. Dowd to plead his case with Trump.[44]
List of recipients of executive clemency from Trump
Pardons
Trump issued a total of 143 pardons during his four years in office: one in 2017, six in 2018, eight in 2019, twelve in 2020, and 116 in January 2021.[45]
Former sheriff of Maricopa County, Arizona and anti-illegal immigration hardliner, Arpaio was convicted of contempt of court and was awaiting sentencing. Arpaio was pardoned for one contempt offense of which he had been convicted (but not yet sentenced) and for any not-yet-charged offenses he may have committed in the same case. In issuing the pardon, the White House said that Arpaio had given "more than fifty years of admirable service to" the United States.[47][48]
One year in prison, three years of supervised release, and 100 hours of community service
Unauthorized possession and retention of national defense information
Saucier was given an other-than-honorable discharge from the Navy for taking photos of classified areas, instruments and equipment, including the nuclear propulsion system, in a military submarine.[49] At sentencing, Saucier unsuccessfully argued for probation rather than imprisonment on the basis that Hillary Clinton was not indicted for her email controversy.[50][51]
Famed African-American boxer, convicted by an all-white jury in 1913 for traveling with his white girlfriend. It was then illegal to transport women across state lines for "immoral" purposes.[55][56][57][58]
Five years of probation, eight months of supervision in a halfway house, and a $30,000 fine
Campaign finance violations
In 2014, conservative commentator D'Souza pleaded guilty to making illegal campaign contributions to the 2012 Senate campaign of his Republican friend, Wendy Long.[59][60][61]
Father and son ranchers were convicted of arson on federal land in 2012. While initially sentenced to time served, their sentence was increased in 2015 to the mandatory 5-year minimum term under federal law.[62] The increased sentence triggered protests which culminated in the armed occupation of a wildlife refuge.[63] The Hammonds had rejected the protesters' assistance.[63][64][65]
Former media mogul, current friend, supporter and biographer of President Trump.[67] Conviction reviewed by the Supreme Court in Black v. United States; convictions later upheld. Released from prison in 2014 and deported to Canada where he was born.[68]
Former Republican lawmaker who pled guilty to soliciting for illegal campaign donations after being caught by the Shrimpscam sting operation by the FBI. Ultimately served 26 months; released in 1996 and became an activist for criminal-justice reform.[69]
Two years' probation, conditioned upon four months' community confinement and two months' home confinement
Conversion of government property
Pleaded guilty to improper use of federal government property by transferring automotive equipment to the town of Milltown, Indiana, for its maintenance use. His primary aim was to help the town, and he sought neither compensation nor recognition for his actions.[70]
After being arrested for transporting marijuana from Mexico to Oklahoma, he immediately accepted responsibility and pleaded guilty to one count of using a telephone to facilitate the distribution of a controlled substance.[70]
One year in prison and five years' supervised release
Conspiracy to possess with intent to distribute and distribute in excess of 5 kilograms of cocaine and quantities of marijuana
Former president Barack Obama pardoned him in 2017 for drug trafficking, but due to a clerical error, his fraud conviction was not encompassed within that grant of executive clemency.[70]
Four months in prison and three years of supervised release
Conspiracy to steal firearms and other goods as part of an interstate shipment; theft from shipment in interstate commerce; theft of firearms shipped in interstate commerce
Participated in and was convicted of several crimes related to the theft and sale of stolen firearms. Upon arrest, he immediately accepted responsibility for his actions. In light of his impeccable behavior while serving his sentence, his supervised release terminated one year early, and in 1998, the governor of Kentucky restored his voting rights.[70]
Posthumous pardon. Jeffries was convicted of violating the Sherman Antitrust Act of 1890 through his engineering firm's work. His indictment in 1941 was deferred until 1947, due to his efforts during World War II.[71]
N/A – Golsteyn's pardon was issued before his trial.
N/A (not tried or convicted)
Premeditated murder
On December 13, 2018, Golsteyn, then serving as a major in the United States Army, was charged with the murder of a suspected bomb-maker in Afghanistan in 2010, following an interview in which he admitted to killing the man.[72] At the time of the pardon, Golsteyn's case had not yet gone to trial.[73]
As a first lieutenant in the U.S. Army, Lorance was convicted of murdering two Afghans; he ordered his troops to shoot unarmed villagers, then made false reports as part of a cover-up attempt. Lorance was turned in by his own men and convicted at court-martial.[73] His cause was later championed by conservative members of Congress and Fox News personalities.[74]
DeBartolo, the former owner of the San Francisco 49ers, pleaded guilty in 1998 to concealing an extortion attempt; in 1997, he met former governor of Louisiana, Edwin Edwards, and gave him $400,000 in exchange for Edwards' help obtaining a license from the gaming board to allow Hollywood Casino Corp. (in which DeBartolo was an investor) to operate a riverboat casino.[75]
In pardoning financier Milken, Trump cited his charitable work after his release from prison. Milken's separate, SEC-imposed lifetime ban on securities trading continues.[76]
Two months' imprisonment; one year's supervised release; $274,197.60 restitution to Maxient LLC; $217,097.60 due and payable immediately; and $250,000 fine due and payable immediately
Conspiracy to access a protected computer without authorization
The former CEO of an education software business, Friedler used the Tor network to mask his identity while he accessed his rivals' systems using those credentials to harvest their contacts database as well as snoop on their software design and features. Former New Jersey governorChris Christie lobbied for Friedler's pardon.[78]
Three years' probation; $250,000 fine; and $473,604.09 restitution
Making and subscribing a false tax return
Pogue, the founder and executive of McKinney, Texas-based construction company Pogue Construction, pleaded guilty in 2010 for under-reporting his taxable income in 2004, 2005 and 2006,[79] failing to pay more than $400,000 taxes owed.[80] In 2019, Pogue's son Ben Pogue and daughter-in-law Ashleigh Pogue gave a total of $238,541 to Trump Victory, a vehicle for Trump's reelection campaign.[80] Former Republican senator Rick Santorum was a leading advocate for Pogue's pardon; Paul Pogue had been a contributor to Santorum's presidential election bid.[80][81]
Obstructing the administration of the Internal Revenue Laws; aiding in the preparation of a false income tax return; making false statements on a loan application; making false statements (five counts)
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