Presidential pardons are a key aspect of the powers granted to the president of the United States by the Constitution. This power allows the president to grant forgiveness to individuals convicted of federal crimes, effectively eliminating any further punishment associated with their offenses. Pardons restore civil rights such as the ability to vote or run for public office and offer the ultimate reprieve from criminal sentences. The Constitution grants the president this power with the stipulation that it only applies to federal crimes, excluding state-level offenses.
In the final years of Donald Trump’s presidency, he exercised this power with notable frequency. One of the most significant actions he took was issuing pardons to nearly 1,600 individuals who were convicted or charged in connection with the 2021 US Capitol riots. These riots, which involved violent attempts to overthrow the results of the presidential election, saw many of the individuals involved face severe legal consequences. Trump’s pardons were seen by many as a form of national reconciliation and an effort to correct what he and his supporters considered an injustice.
Among the most high-profile cases was the pardon of former Proud Boys leader Enrique Tarrio, who had been sentenced to 22 years for seditious conspiracy. Tarrio was one of the key figures leading the violence during the Capitol attack. In addition to Tarrio, Trump also commuted the sentences of several other prominent rioters, including Oath Keepers founder Stewart Rhodes, who had received an 18-year prison sentence. These actions were seen as divisive, with critics accusing Trump of undermining the rule of law, while his supporters praised him for restoring justice to those they believed had been unfairly persecuted.
One of the most controversial pardons Trump issued was for Ross Ulbricht, the founder of Silk Road, a dark web marketplace known for selling illegal drugs, hacking tools, and stolen goods. Ulbricht was sentenced to life in prison in 2015 on charges such as conspiracy to commit drug trafficking, money laundering, and computer hacking. His case became a rallying cry for libertarians who believed his conviction was an overreach by the government. Trump’s decision to pardon Ulbricht was seen as a move to address what he described as the “weaponization of government” and part of a broader push to fight overbearing governmental power.
In addition to the pardons for those connected to the Capitol riots, Trump granted clemency to other individuals, including Charles Kushner, Ivanka Trump’s father-in-law. Kushner had been convicted of tax evasion, campaign finance violations, and witness tampering in 2004 and was sentenced to two years in prison. This pardon drew criticism, particularly from political opponents who argued that it represented favoritism.
However, Trump was not the only president to issue high-profile pardons during his time in office. In his final days in office, Joe Biden also used his presidential pardon powers, though in a slightly different context. One of Biden’s key actions was issuing preemptive pardons to public officials like Anthony Fauci and Mark Milley, who had been caught in politically charged investigations. Biden also pardoned 39 individuals convicted of non-violent crimes and commuted the sentences of thousands more, including federal death row inmates.
Looking back at history, several other presidents have exercised their pardon power in high-profile ways. Barack Obama granted a total of 1,927 acts of clemency, many of which were for individuals convicted of drug-related offenses. Bill Clinton’s pardon of his half-brother, Roger Clinton, for a 1985 cocaine offense, and Gerald Ford’s controversial pardon of Richard Nixon following the Watergate scandal in 1974, are among the most talked-about acts of clemency in US history.
The power of the presidential pardon remains a powerful tool, offering an opportunity for presidents to influence the criminal justice system and address perceived injustices. However, the use of this power often generates controversy, as decisions on pardons and commutations can be deeply political.
