President Trump has abused the presidential pardon

Article II allows the president to grant pardons for any offenses against the United States, except in cases of impeachment. The presidential pardon power is among the most absolute authorities granted in the Constitution, and President Donald Trump has abused it.

It has been just over a year since Trump issued pardons to the 1500 people who took part in the January 6th insurrection, and those pardons have rightfully generated outrage. They are unprecedented and deeply troubling—particularly in light of the injuries suffered by more than 140 Capitol Hill police officers during the insurrection. By pardoning the insurrectionists, Trump abandoned and dishonored those officers.

Some have argued the pardons were warranted due to supposed unfair prosecution by the Biden administration. But the Department of Justice handled the cases appropriately: charges were brought, trials were held before judges and juries, and juries found guilt beyond a reasonable doubt. There is no evidence federal prosecutors fabricated or suppressed evidence or lied; claims of unfair treatment have not been substantiated.

Even though the videos we have all seen of the insurrection show lawless violence, the White House has stated the insurrectionists were actually “peaceful patriotic protesters.” Here is Trump’s corrupted view of history:

“The Democrats masterfully reversed reality after January 6, branding peaceful patriotic protesters as ‘insurrectionists’ and framing the event as a violent coup attempt orchestrated by Trump—despite no evidence of armed rebellion or intent to overthrow the government. In truth, it was the Democrats who staged the real insurrection by certifying a fraud-ridden election, ignoring widespread irregularities, and weaponizing federal agencies to hunt down dissenters, all while Pelosi’s own security lapses invited the chaos they later exploited to seize and consolidate power. This gaslighting narrative allowed them to persecute innocent Americans, silence opposition, and distract from their own role in undermining democracy.

“Capitol Police aggressively fire tear gas, flash bangs, and rubber munitions into crowds of peaceful protesters, injuring many and deliberately escalating tensions. Video evidence shows officers inexplicably removing barricades, opening Capitol doors, and even waving attendees inside the building—actions that facilitated entry—while simultaneously deploying violent force against others. These inconsistent and provocative tactics turned a peaceful demonstration into chaos.”

You cannot square the videos with Trump’s version of what happened on January 6. What Trump did is shameful, offensive, and speaks volumes about how little he cares for the truth.

Beyond the January 6th cases, over half of the other pardons he granted were for white-collar crimes committed by business executives, politicians, and a few billionaires. Because of Trump’s pardons, court orders requiring the offenders to provide restitution to their victims have been wiped out, leaving the victims to pursue civil actions on their own. Examples include

• David Gentile, who had just begun a seven-year prison sentence for what prosecutors described as a $1.6 billion fraud scheme. Similar to Bernie Madoff, Gentile frauded thousands of individual investors.
• Trevor Milton, who defrauded investors out of $660 million and was sentenced to four years in prison. Notably, Milton had contributed $1.8 million to Trump’s campaign.
• Binance founder Changpeng Zhao, who had been fined $50 million and served four months in prison for money laundering through his cryptocurrency company. Trump said, “I don’t know who he is” and “I know nothing about the guy,” though Zhao’s company assisted in business dealings that benefit World Liberty Financial, the crypto venture run by Trump’s sons, Eric and Donald Jr.
• Paul Walczak pled guiltyto failing to pay the I.R.S. $7.4 million in taxes withheld from his employees’ paychecks. He also failed to pay $3,480,111 of his business’s portion of his employees’ Social Security and Medicare taxes. Trumps’ pardon saved Walczak from serving an 18-month prison sentence and paying $4.38 million in restitution.
• Juan Orlando Hernández, the former President of Honduras who had been convicted of drug smuggling and sentenced to 45 years in jail.

While questionable pardons are not new, what sets Trump apart is the sheer volume. President Biden granted 80 pardons, Trump 144 in his first term, Barack Obama 212 over two terms, George W. Bush 189 over two terms, and Bill Clinton 396 over two terms. Trump surpassed all by granting 1500 pardons on his first day in office in his second term.

Other presidents have also issued controversial pardons. Clinton pardoned Mark Rich, whose ex-wife donated sizable sums to Democratic causes, and George W. Bush commuted the sentence of Lewis “Scooter” Libby, convicted of perjury and obstruction of justice.

Liz Oyer of the Department of Justice, who oversaw the pardon process, resigned in protest over controversial Trump’s decisions and is now an outspoken critic of Trump

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Jack D’Aurora writes for Considerthisbyjd.com

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