Donald Trump and the Ongoing Politics of the Clemency Power

• In Event: The Use of Unilateral Powers

Abstract

The president’s clemency power was intended by the Constitution’s framers to show mercy to individuals in unfortunate circumstances or to defuse societal conflicts. Although presidents have occasionally abused clemency to serve their own personal interests (George H. W. Bush with Iran-Contra figures, and Bill Clinton with Marc Rich, among a few others), President Donald Trump pushed the boundaries of clemency by openly and repeatedly using it to serve his political goals.

Remarkably, the pardon power has remained highly relevant in the political realm even after Trump’s departure from office. Trump is the 2024 Republican presidential frontrunner, and his opponents are taking positions on whether they would pardon him. Trump currently faces a slew of federal charges that, were he to become president again in 2024, he could attempt to forgive with the clemency power. Pardons already have a role in rallying Trump supporters ahead of the 2024 election: a recurring theme of Trump’s reelection bid is that he has promised to offer clemency to at least some January 6 figures. In sum, the evidence suggests that even as an ex-president, Trump still sees clemency as a political tool to help him achieve election, protect himself from federal charges, and reward his followers.

In this paper, I review how Trump’s actions related to clemency serve these three goals. I then compare Trump’s use (and potential use) of clemency to President Joe Biden’s clemency record. Has either president acted consistently with the framers’ expectations? Does it matter how a president uses clemency? What are the implications for future presidents who will have the Trump and Biden clemency records to consider as examples for their own approach?

Author

• Jeffrey Crouch, American University