A pardon for a price? How Donald Trump has reimagined presidential clemency
But there are limits to presidential clemency, and already, Trump has brushed against them.
In December, Trump announced that he would pardon Tina Peters, a former county clerk in Colorado who supported Trump's false claims of voter fraud during the 2020 election.
Peters, however, was also convicted of state-level crimes, after she used her office to allow an unauthorised person to access her county's election software.
A president may only pardon federal charges, not state ones. Peters continues to serve a nine-year prison sentence. Still, Trump has sought to pressure Colorado officials to release her.
“She did nothing wrong," Trump posted on Truth Social. "If she is not released, I am going to take harsh measures!!!"
While Trump has argued that presidents have the "complete power to pardon", legal experts have repeatedly affirmed that clemency is not without bounds.
Pardons, for example, cannot be used to avoid impeachment or to undercut the Constitution, nor can they be used to absolve future crimes.
Still, the question remains how to enforce those limits — and whether new bulwarks should be created to prevent abuse.
Love points to the state pardon systems as models to emulate. Delaware, for example, has a Board of Pardons that hears petitions in public meetings and makes recommendations to the governor. More than half of the petitions are granted.
Like other successful clemency systems, Love said it offers public accountability.
She measures that accountability by certain standards: “Can people see what’s going on? Do they know what the standards are, and is the decider a respected and responsible decision-maker?”
Trump's sweeping actions, however, have prompted calls for presidential pardons to be limited or eliminated altogether.
Osler cautions against doing so: It would be a "permanent solution to a temporary problem".
“If we constrain clemency, we’ll lose all the good things that come from it,” Osler said.
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