Pardoner-in-chief - Today, Explained Recap
Podcast: Today, Explained
Published: 2026-01-29
Duration: 26 minutes
Guests: Sai Krishna Prakash
Summary
President Trump's use of pardons and commutations in his second term mirrors historical patterns but also raises questions about political motivations and the future of presidential clemency.
What Happened
President Donald Trump has granted over 1,600 clemencies in his second term, including to former Congressman George Santos and January 6th participants, prompting discussions on whether his actions are unprecedented or in line with historical practices.
Trump's pardons include a mix of political allies, wealthy individuals involved in white-collar crimes, and some random famous figures like former Mets star Daryl Strawberry. Many of these individuals have connections to Trump or have made significant donations to his political committees.
The process for obtaining a pardon under Trump is largely informal, often involving extensive lobbying and significant financial contributions. The lack of a standardized process raises concerns about fairness and transparency.
Some notable figures, such as Sean Combs and Ghislaine Maxwell, have not received pardons, indicating that there are limits to Trump's clemency decisions, especially for those involved in highly controversial crimes.
Sai Krishna Prakash, a law professor at UVA, discusses the constitutional basis for presidential pardons and notes that while controversial, the power is explicitly granted to the president, with few checks beyond political repercussions.
Historically, presidents have used pardons for various reasons, from quelling rebellions to rewarding political allies. The episode draws parallels between Trump's actions and those of past presidents like Andrew Johnson and Bill Clinton.
The episode questions whether the current trends in presidential pardoning, including Biden's controversial pardons of family members, will lead to a permanent change in how future presidents use this power.
The conversation concludes with reflections on the implications of these pardoning practices for American politics and governance, considering both historical precedents and potential future developments.
Key Insights
- President Donald Trump granted over 1,600 clemencies during his second term, including pardons for former Congressman George Santos and participants in the January 6th events, sparking debate over the historical context of his actions.
- The process for obtaining a pardon under Trump's administration was largely informal, often requiring extensive lobbying and significant financial contributions, raising concerns about the fairness and transparency of the system.
- Despite granting numerous pardons, Trump did not extend clemency to certain high-profile individuals like Sean Combs and Ghislaine Maxwell, indicating potential limits to his pardoning decisions, especially in highly controversial cases.
- Historically, presidents have used the power of pardon for various purposes, including quelling rebellions and rewarding political allies, with parallels drawn between Trump's actions and those of past presidents like Andrew Johnson and Bill Clinton.