The presidential pardon power is rooted in Article II, Section 2 of the United States Constitution, which grants the president authority to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
This power, modeled on early English law, was debated at the Constitutional Convention. Alexander Hamilton argued in Federalist No. 74 that a single executive holds a perfect blend of accountability and independence and would, therefore, be positioned to exercise mercy decisively and judiciously, especially in times of national crisis.
Throughout history, presidents have used this power in numerous celebrated and controversial ways. George Washington issued the first significant pardons in 1795 to leaders of the Whiskey Rebellion, seeking national reconciliation; Abraham Lincoln liberally used pardons during the Civil War, often intervening to spare deserters and Confederate sympathizers; and in 1974, President Gerald Ford pardoned his predecessor, Richard Nixon, for any crimes he may have committed during the Watergate scandal, arguing that the pardon was necessary to heal the nation.
At its core, the presidential pardon power is designed to act as a check against a weaponized legal system in which American citizens are targeted for political reasons. However, in recent years, this power has become less of a check against abused power and more of the sort of abused power it was meant to protect against. In short, pardons have steadily become a shameless distribution system of “get out of jail free” cards for the president’s inner circle.
Bill Clinton pardoned his half-brother, Roger Clinton. During his first term, Trump pardoned some of his closest allies, including Charles Kushner (his son-in-law’s father), Paul Manafort, and Steve Bannon. Joe Biden granted more acts of clemency than any executive in American history, with 80 pardons and 4,165 commutations, more than the number of commutations granted by Trump, Obama, George W. Bush, Clinton, Bush, Reagan, Carter, Ford, Nixon, Johnson, Kennedy, Eisenhower, Truman, FDR, Hoover, and Coolidge combined. Not only did he preemptively pardon Anthony Fauci and multiple family members, but he (or at least his auto-pen) famously granted a full and unconditional pardon to his son, Hunter Biden, for over 10 years.
In his second term, Donald Trump is continuing this legacy of loose partisanship, with pardons for those convicted of violent crimes during the January 6 Capitol riots and even reality television stars Todd and Julie Chrisley, who were convicted of fraud and tax evasion. There are even rumors swirling that Trump is considering granting a pardon to Sean “Diddy” Combs, who was just convicted on two counts of transporting prostitutes across state lines, and Ghislaine Maxwell, Jeffrey Epstein’s right-hand woman, who is serving a 20-year prison sentence for child sex trafficking.
While the Chrisleys’ conveniently MAGA-cheering daughter may have convinced Donald Trump that her parents’ convictions were part of the Trump Derangement Syndrome takeover of the American law enforcement apparatus, make no mistake: Todd and Julie Chrisley broke the law, as did the violent rioters on January 6, as did Diddy, as did Ghislaine Maxwell, and as did so many of Trump’s inner circle who have been forgiven not because of their crimes, but because of their contacts list.
That is unjust. The law, designed to be blind, is obviously anything but. It rewards criminal sycophants and family members while dooming those who either cannot afford to raise awareness for their own cases or are not politically valuable enough to warrant attention.
If you’re going to break the law, make sure you have the president of the United States on speed dial first.
TRUMP SAYS EPSTEIN POACHED STAFFERS FROM MAR-A-LAGO SPA, INCLUDING VIRGINIA GIUFFRE
Whether the president is a Democrat or a Republican, it’s clear that for the foreseeable future, the pardon power will remain a hugely useful and abused tool for presidents who want to reward those closest to them. But sooner or later, it will become impossible to deny that it is a power that has been willingly corrupted, leaving Congress with no choice but to act.
And where will this leave the average American? Alone in a world with no protection against the very abuses of power that Article II, Section 2 was meant to address. Ian is a syndicated columnist. Follow him on X (@ighaworth) or Substack.