President Donald Trump’s clemency process has undergone a dramatic shift, increasingly bypassing traditional Justice Department vetting in favor of direct appeals and substantial lobbying efforts, according to current and former officials. The changes, detailed in a recent Latest York magazine report, have raised concerns about the fairness and transparency of the pardon process, particularly for federal inmates lacking financial resources or political connections.
Historically, the Office of the Pardon Attorney (OPA) within the Department of Justice served as a crucial intermediary, reviewing petitions and providing recommendations to the President. Established in 1894, the OPA historically applied five standards when considering clemency applications: conduct since conviction, the seriousness of the offense, acceptance of responsibility, the extent of punishment already suffered, and evidence of rehabilitation from credible sources. However, that process has been significantly undermined during the Trump administration.
Elizabeth Oyer, who served as Pardon Attorney during the initial period of the Trump presidency, described a swift and decisive shift in power. “She was cut out of the process, which was rerouted from the top down,” according to the New York magazine report. Oyer stated she learned of clemency grants “when they popped up in the news.” Her tenure ended in March of last year when she refused to support the restoration of firearm rights for actor Mel Gibson, who had a prior misdemeanor conviction for domestic violence, a disqualification under 18 U.S.C. § 925(c). The New York article characterized her firing as a “death knell for the office.”
The OPA has experienced a significant reduction in staff, dwindling from 45 employees to approximately 15, with many departing through buyouts or resignation. The office’s diminished capacity coincides with a growing reliance on direct appeals to the White House, often facilitated by high-priced lobbyists.
Currently, two individuals appear to hold significant influence over clemency decisions. Alice Marie Johnson, appointed by Trump as a “pardon czar” after her own sentence for a cocaine trafficking conspiracy was commuted in 2018 and later fully pardoned, operates from the White House. The extent of her staff and operational capacity remains unclear. The official head of the OPA, Edward Martin, was reportedly considered too controversial for Senate confirmation as U.S. Attorney for the District of Columbia and was appointed to the Pardon Attorney position as a result. Sources indicate Martin is rarely present at the OPA office.
The cost of securing a pardon has risen dramatically. Billionaire Changpeng Zhao, the founder of the cryptocurrency exchange Binance, received a pardon last fall shortly after retaining the lobbying firm of Ches McDowell, a friend of Donald Trump Jr., for a reported $450,000 per month. Binance was as well a financial supporter of the Trump family’s cryptocurrency stablecoin. Nursing-home magnate Joseph Schwartz spent nearly $1 million on lobbying efforts to secure a pardon for tax-fraud charges, which was granted in November. Lobbyists are reportedly quoting fees as high as $5 million to leverage their connections within the White House, according to sources cited in the New York article.
During his State of the Union address last Tuesday, President Trump called for “tough legislation to ensure that violent and dangerous repeat offenders are put behind bars and importantly, that they stay there.” Despite this rhetoric, reports continue to circulate among federal prisoners hopeful for large-scale commutations.
The OPA, according to those familiar with its current state, has been effectively sidelined. “It’s heartbreaking,” one former OPA attorney told New York magazine. “It’s not that they’re doing it differently that makes it heartbreaking. It’s that it’s corrupt.”
