Trump’s double pardon underscores sweeping use of clemency – Life Pulse Daily
Editor-in-chiefJanuary 18, 20265 Mins read40
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Trump’s Double Pardon Underscores Sweeping Use of Clemency
Introduction
President Donald Trump has aggressively utilized his presidential clemency powers during his second term, most notably issuing a “double pardon” to Adriana Camberos. This unprecedented move, combined with the mass commutation of January 6 rioters, highlights a dramatic shift in how clemency is being applied in the United States. While the Constitution grants the president nearly absolute authority over federal pardons and commutations, Trump’s second-term approach differs significantly from historical norms, prioritizing rapid-fire grants rather than the traditional end-of-term “midnight pardons.”
Key Points
- The Double Pardon: President Trump pardoned Adriana Camberos for a 2024 conviction, marking a rare instance of an individual receiving two separate pardons for unrelated crimes.
- Unprecedented Volume: In his first year of the second term, Trump issued approximately 1,609 clemency grants, vastly exceeding his first-term record and outpacing predecessors like Joe Biden and Barack Obama.
- January 6 Commutations: A significant portion of these clemencies involved the sweeping commutation of roughly 1,500 individuals convicted regarding the January 6, 2021, Capitol attack.
- Strategic Categories: Pardons have been concentrated in specific areas: cryptocurrency executives, political allies, business figures, and individuals linked to the January 6 investigation.
- Proactive Timing: Unlike previous administrations that often wait until the end of a presidency, Trump is issuing pardons on a rolling basis early in his term.
Background
Presidential clemency powers are derived from Article II, Section 2 of the U.S. Constitution. These powers include two primary tools: the pardon, which erases a federal conviction, and commutation, which reduces a sentence without erasing the conviction. Historically, presidents have used clemency sparingly, often reserving mass grants for their final days in office to avoid immediate political backlash.
In his first term, Trump granted 148 clemencies over four years. In contrast, his second term began with a historic surge. Former President Joe Biden, during his single term, granted approximately 80 individual pardons and a record 4,245 commutations, largely focused on non-violent drug offenses. Former President Barack Obama granted 212 pardons over eight years. Trump’s second-term numbers, even excluding the January 6 cases, represent a nearly 100-fold increase compared to his first term at the same stage.
Analysis
The Case of the Double Pardon
The pardon of Adriana Camberos serves as a unique case study. Trump first commuted her sentence in his initial term regarding unrelated fraud charges. In his second term, he granted a full pardon for a subsequent 2024 conviction involving a scheme to defraud the government by reselling wholesale groceries. While legally permissible, granting two separate pardons to the same individual for distinct crimes is highly unusual.
Legal experts, such as CNN’s senior legal analyst Elie Honig, confirm that the pardon power is “essentially unlimited.” Jeffrey Crouch, an associate professor at American University, noted that while rare, Trump has previously granted multiple forms of clemency to the same person, such as Roger Stone (commutation in 2020, pardon in 2020) and Alice Marie Johnson (commutation in 2018, pardon in 2020).
Strategic Objectives and Categories
Trump’s second-term clemency strategy appears to fall into several distinct categories, guided by White House Pardon Czar Alice Marie Johnson and the Department of Justice.
1. January 6 Rioters
On Inauguration Day, Trump issued a “full, complete and unconditional pardon” to nearly everyone convicted of crimes related to the January 6 Capitol attack. This included high-profile figures like Enrique Tarrio, former leader of the Proud Boys, who was serving a 22-year sentence for seditious conspiracy, as well as members of the Oath Keepers and individuals convicted of assaulting police officers.
2. Political Allies and Election Controversies
Trump pardoned numerous allies involved in efforts to overturn the 2020 election results, including former attorneys Rudy Giuliani and Sidney Powell, and former Chief of Staff Mark Meadows. The administration framed these actions as ending a “grave national injustice.”
3. Business, Crypto, and Financial Figures
A significant portion of clemencies has focused on the business and financial sectors, particularly cryptocurrency.
- Cryptocurrency Executives: Trump pardoned Binance founder Changpeng Zhao (who pleaded guilty to money laundering), BitMEX founders Arthur Hayes, Ben Delo, and Samuel Reed, and Ross Ulbricht, the creator of the Silk Road dark web marketplace.
- Financial Ties: Critics have noted connections between pardoned individuals and Trump-aligned political financing. For example, Julio Herrera Velutini, pardoned for misdemeanor charges, has family members who have donated millions to Trump-aligned Super PACs. Similarly, Trevor Milton, founder of Nikola Corp, donated over $1.8 million to Trump campaign funds before receiving a pardon for fraud convictions.
4. High-Profile and VIP Pardons
Trump has also utilized clemency for well-known figures, including:
- Rod Blagojevich: Former Illinois Governor (pardoned for corruption charges).
- Darryl Strawberry: Baseball legend (pardoned for 1995 tax evasion).
- Juan Orlando Hernández: Former Honduran President (pardoned for drug trafficking convictions), a move that drew bipartisan criticism.
- Mark Bashaw: An Army officer convicted of violating COVID-19 mitigation orders.
Practical Advice
Understanding the scope and application of presidential clemency is essential for legal scholars, political analysts, and citizens following federal justice trends.
How to Track Clemency Grants
To verify clemency data, users should consult official government sources:
- The Office of the Pardon Attorney (OPA): Maintains a database of historical and current clemency grants.
- Department of Justice (DOJ) Press Releases: The most immediate source for official announcements regarding specific pardons or commutations.
- White House Statements: Often provide the rationale behind clemency decisions.
Understanding Legal Terminology
When reviewing news about clemency, it is vital to distinguish between different legal mechanisms:
- Pardon: A formal forgiveness of a crime, restoring civil rights such as voting or gun ownership.
- Commutation: A reduction in the sentence, often converting a life sentence to time served, but the criminal record remains.
- Reprieve: A temporary delay of a punishment, typically a death sentence.
FAQ
Can a president pardon the same person twice?
Yes. The U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offences against the United States.” This power is plenary and generally unlimited, allowing a president to issue multiple pardons to the same individual for different offenses committed at different times.
What is the difference between a federal and state pardon?
Presidential clemency applies only to federal offenses. State governors hold the power to grant pardons for state crimes. This distinction is why a president cannot pardon someone convicted of a state-level crime unless it is transferred to federal jurisdiction.
Why do presidents often issue pardons at the end of their term?
Historically, presidents wait until the end of their term to issue controversial pardons to minimize political fallout during their legislative agenda. Trump’s approach of issuing pardons on a “rolling basis” is unusual and bypasses this traditional political strategy.
Who is Alice Marie Johnson?
Alice Marie Johnson is a former federal inmate whose life sentence for non-violent drug trafficking was commuted by Trump in 2018. She was fully pardoned in 2020. In February of his second term, Trump appointed her as the White House “Pardon Czar,” making her a key advisor on clemency decisions.
Conclusion
President Trump’s second-term use of clemency represents a paradigm shift in the application of presidential pardoning power. From the historic double pardon of Adriana Camberos to the sweeping commutations of January 6 defendants, the administration has utilized this constitutional authority more liberally and earlier in the term than any modern predecessor. While the Constitution provides the legal framework for such actions, the scope and targets of these clemencies—ranging from cryptocurrency executives to political allies—continue to fuel debate regarding the intersection of justice, politics, and executive privilege.
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