President Trump accelerates use of pardon powers in his second term By Jordan Conestabile

President Trump accelerates use of pardon powers in his second term By Jordan Conestabile

President Donald Trump’s prolific use of presidential pardons is raising questions among legal scholars, lawmakers, and democracy watchdog about the rule of law. The U.S. Constitution grants presidents broad clemency powers. Previous presidents typically issued pardons in consultation with the Department of Justice’s Office of the Pardon Attorney. Trump has largely bypassed institutional review, while clemency has been frequently granted to political allies, personal associates, and ideologically aligned individuals.

During his first term (2017–2021), Trump issued 237 clemency actions, 143 pardons and 94 commutations, a figure below that of many predecessors. Trump has issued over 1,500 pardons during the first six months of his second term. The largest and most controversial batch included over 1,200 pardons for those who attacked the U.S. Capitol on January 6, 2021.

Wikipedia

“This is clemency used as a political weapon, not a tool of justice,” said Margaret Oyer, a former U.S. pardon attorney. “There is currently no clear path for ordinary citizens to apply for clemency, while those with political ties or financial clout are being absolved of serious offenses.”

Trump’s increasingly aggressive use of clemency powers could redefine the limits of presidential authority and erode institutional safeguards designed to ensure fairness and transparency. “For many observers, the message is clear,” Oyer said. “Unchecked executive power, when used to reward loyalty or punish opposition, poses a direct threat to the integrity of American democracy.”

Larry Hoover (wikipedia)

Some argue that the controversy is partly a matter of perspective. “Although some of President Trump’s pardons are understandably controversial, the nature and extent of that controversy are largely a function of one’s vantage point,” said Dr. Nina M. Moore, Professor of Political Science at Colgate University.

“In the case of Mr. Larry Hoover, those of us who grew up in the Robert Taylor Homes projects of Chicago (aka, the ‘low end’) do not automatically or exclusively associate his name with the horrid picture painted by some in the press. My own sense is that President Trump’s esteem likely leveled up in the eyes of a lot of Black folks from Robert Taylor in the wake of Mr. Hoover’s federal pardon.”

 

Jordan Conestabile is a graduate student at the Rockefeller College of Public Affairs and Public Policy; University of Albany.

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