The Shifting Landscape of Presidential Pardons Under Trump
The power of presidential pardon and clemency,intended as a constitutional check on injustice and a source of hope for the deserving,has become a focal point of controversy under Donald Trump,marked by accusations of favoritism and a departure from conventional practices. While the system is designed to offer second chances to a broad range of individuals, critics argue trump has disproportionately used it to benefit allies, supporters, and those with connections to his inner circle.
Former White House Counsel Neil Eggleston,who served under President Obama,expressed concern over the current approach. “This isn’t the fault, but this is not what we proposed,” he said, referencing a reform plan he and his colleague presented to trump’s team during the president’s first term. Eggleston emphasized the intended scope of clemency, stating, “Its not meant to be a function that operates within a closed circle. It’s something the Constitution establishes to give hope to the many – including those who don’t have the resources, the fame or the connections to navigate the current system.”
The disparity in access to this power is highlighted by the cases of individuals like Liliana Trafficante and Charles Kushner. Trafficante, a Bronx resident convicted in 2010 of conspiracy to commit wire fraud in a scheme involving a failed water park project for foster children, filed her petition for a pardon independently.She served over three years in prison and was ordered to pay $750,000 in restitution, making monthly payments despite occasional financial hardship. She expressed remorse for her actions, tho maintains she wasn’t the scheme’s originator. Currently working as a chaplain and briefly considering a run for the New York City Council – a position she’d be barred from holding as a convicted felon without a pardon – Trafficante saw Trump’s own legal battles as a potential avenue for relief. “I mean, he was going through his own criminal court case and yet he’s the president,” she said. “I was like, ‘OK, this is my guy.'”
In stark contrast, Charles Kushner, Trump’s son-in-law’s father, received a pardon in December 2020 after being convicted in 2004 of tax evasion, witness tampering, and illegal campaign contributions.
The pattern continued with Trump’s recent actions. On his first day back in office, Trump pardoned approximately 1,500 individuals convicted in connection with the January 6th Capitol attack. This mass pardon fueled criticism that Trump was prioritizing political loyalty over justice.
Tony Gene Broxton, a former fire department bookkeeper from the Florida Panhandle, exemplifies the frustration felt by those navigating the system without powerful connections. Indicted in 2013 for theft of public money and making false statements, Broxton pleaded guilty and received five years of probation and a year of house arrest, fully repaying the stolen funds. A key result of his conviction is the loss of his Second Amendment rights. He initially applied for a pardon during Trump’s first term, but was denied by the Biden administration in 2023. He reapplied after trump’s return to office, hoping to regain his right to own firearms. “I can’t go hunting with my rifles,” he said. “I can’t go target shooting with my wife. All my guns are in storage, locked up. I don’t even have access to them.” Despite the mass pardon of January 6th defendants, Broxton’s application remains “still pending” as of this reporting.
these cases illustrate a growing concern that the traditional, carefully considered process of granting pardons and clemency has been supplanted by a system increasingly influenced by personal and political considerations.
