The politics of pardon: Trump’s expanded use of executive immunity

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Die Politik der Begnadigung: Trumps ausgeweitete Nutzung exekutiver Immunität
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President Donald Trump’s use of presidential clemency powers in his second term has taken an unprecedented and controversial trajectory. From pardoning individuals repeatedly for separate convictions to granting sweeping pardons for January 6 rioters, Trump’s clemency actions have raised serious questions about fairness, political influence, and the integrity of the justice system.

How Unusual Is Trump’s Clemency Record?

Trump’s recent pardons demonstrate an aggressive expansion of executive clemency. He has issued roughly 1,609 pardons and clemencies in his second term, compared to 148 in his first term—a staggering increase that far surpasses any recent president.

To put this into perspective: Trump has granted 100 times more clemencies than he did at the same point in his first term, even excluding the roughly 1,500 pardons related to January 6. This is not just an increase—it’s a transformation of the traditional pattern of presidential pardoning.

Historically, presidents tend to reserve most pardons for the final days of their term, often in what is seen as a final act of mercy. Trump, however, has adopted a “rolling” model of pardoning, issuing them frequently and openly.

Is this shift a sign of political boldness, or a dangerous new norm that normalizes legal immunity for political allies?

What Does Pardoning the Same Person Twice Mean for Justice?

The case of Adriana Camberos, pardoned twice for two separate fraud convictions, highlights a troubling expansion of the pardon power. While legally permissible, it challenges the principle that pardons should be reserved for exceptional cases of mercy or injustice.

Even legal experts recognize that a president can issue multiple pardons to the same individual. But the key issue is not legality—it is ethics and public trust.

This is not the first time Trump has pardoned the same person twice. He also commuted sentences and later pardoned figures such as Roger Stone and Alice Marie Johnson, highlighting a pattern of “political redemption.”

When does clemency become favoritism, and when does it become corruption?

Why Are Trump’s Pardons So Politically Charged?

Trump’s clemency choices are not random—they follow clear political lines. The categories are revealing:

  • January 6 rioters: A broad, unconditional pardon of almost every convicted participant.
  • Political allies and election denialists: Those who helped overturn the 2020 election.
  • Donors and financial backers: Individuals with direct political ties to Trump.
  • Tech and crypto executives: People aligned with Trump’s financial and regulatory agenda.
  • VIPs and celebrity figures: High-profile individuals with public influence or media relevance.

This pattern suggests that clemency has become a political tool, not a measure of justice.

Is clemency being used to reward loyalty and consolidate power rather than to correct injustice?

How Does Trump Compare to Past Presidents?

The scale of Trump’s clemency actions dwarfs that of his predecessors:

  • Joe Biden: 0 pardons in his first year; about 80 pardons total, plus 4,245 commutations mostly for nonviolent drug offenses.
  • Barack Obama: 212 pardons over eight years, far fewer than Trump’s current total.

Even when comparing Trump’s first term to his second, the increase is extreme. While Obama and Biden relied on clemency to address systemic injustice, Trump appears to use it as a political weapon.

What does it say about the justice system when the president’s personal loyalties determine who receives legal mercy?

Is Trump Redefining the Role of the “Pardon Power”?

Trump’s actions are reshaping the traditional role of the pardon power. Instead of a tool used to correct wrongful convictions or ease excessive sentences, clemency has become:

  • A public relations strategy
  • A political reward system
  • A method to shield allies from legal consequences

The establishment of a “pardon czar” (Alice Marie Johnson) further institutionalizes this process, creating a centralized system that operates in coordination with the White House counsel and DOJ.

Does this institutionalization of clemency create a new standard for executive power—one that could outlast Trump’s presidency?

Are Trump’s Pardons Undermining the Rule of Law?

The most alarming aspect of Trump’s clemency record is the message it sends about accountability. Pardons for January 6 rioters and political allies suggest that participation in violent rebellion or attempts to subvert democracy can be absolved by presidential decree.

This sets a dangerous precedent. If political loyalty becomes a path to immunity, then the rule of law is no longer equal for all citizens.

If the president can pardon rebellion and corruption, what stops future presidents from doing the same?

Trump’s unprecedented use of clemency represents more than a shift in policy—it reflects a fundamental change in how presidential power is exercised. The massive volume of pardons, the political motives behind them, and the institutionalization of the pardon process suggest a deliberate effort to reshape the concept of justice itself.

The question is not only whether Trump is acting within the law, but whether his actions are damaging the moral authority of the presidency and eroding public trust in the justice system.

Research Staff

Research Staff

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