Trump Pardons Key Aide, Supporters in Last-Minute Move; Facts About Federal Clemency

By Jacob J
December 23, 2020 09:32 +08

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President Donald Trump has granted full pardons to as many as 15 people, including a few of his close aides and some of the early supporters of his presidential campaign, even as he is entering the final few weeks of his presidency.

The most prominent figure to get the pardon on Friday was George Papadopoulos, a former campaign staff who pleaded guilty in a case related to the Russian meddling in the 2016 presidential election. Other prominent people to get the full presidential pardon include Alex van der Zwaan and former Congressmen Chris Collins and Duncan Hunter.

Trump also commuted the prison term of former Republican Representative Steve Stockman, who was convicted in two dozen felonies in Texas. The White House said Stockman had underlying health conditions and was a greater risk of contracting coronavirus in prison.

Conviction was part of 'Witch Hunt'

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Papadopoulos pleaded guilty to lying to FBI agents about his contacts with people allegedly had ties with Russian officials. "The defendant's crime was serious and caused damage to the government's investigation into Russian interference in the 2016 presidential election," the court had said. The former campaign aide had served 12 days in federal prison. According to the pardon order, Papadopoulos was charged with "a process-related crime". "Today's pardon helps correct the wrong that Mueller's team inflicted on so many people," the White House said.

Another prominent person to be pardoned was Alex van der Zwaan, who was sentenced to 30 days in prison for lying to Mueller investigation about his contacts with Trump campaign officials. Van der Zwaan is the Dutch son-in-law of Russian billionaire German Khan.

Collins, a former Rep. from New York, was the first sitting member of Congress to endorse Trump's presidential campaign in 2016. In 2019, he pleaded guilty to the charges of conspiring to commit securities fraud and making false statements to the FBI. He is currently serving his 26-month sentence.

Washington, UNITED STATESPresident Donald Trump (L-R), joined by Chief of Staff Reince Priebus, Vice President Mike Pence, senior advisor Steve Bannon, Communications Director Sean Spicer and National Security Advisor Michael Flynn, speaks by phone with Russia's President Vladimir Putin in the Oval Office at the White House in Washington, January 28, 2017. REUTERS/Jonathan Ernst Reuter

Another politician to get the full pardon was Duncan Hunter, a former Republican Representative from California. He had pleaded guilty to conspiring to convert campaign funds to personal use.

Other offenders who got the pardon include: Alfonso Costa, a dentist who pleaded guilty to health care fraud, Alfred Lee Crum, who pleaded guilty to illegally distilling moonshine; Weldon Angelos, who was sentenced to 55 years in prison for selling marijuana, Philip Lyman, who was sentenced to 10 days in jail related to his protest of ATV restrictions on federal land and Otis Gordon, another drug offender.

Here are 10 Key Facts About the Presidential Pardon in the United States:

1. Article 2 of Constitution
The presidential powers of pardon stem from Article Two of the United States Constitution, Section 2, Clause 1. It says: The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment." George Washington, the first president, used this power when he pardoned the leaders of the Whiskey Rebellion.

2. Can be Granted on a Presumptive Basis
The precedent is that the presidential pardon can be made on a presumptive basis. The nearest example is that of Republican president Richard Nixon, who was pardoned by Gerald Ford. Nixon, who was impeached over the Watergate scandal and resigned from office, had not been charged with anything. Yet the pardon by his former vice-president made sure he was not troubled by any legal challenges arising out of his contentious days in office.

3. The President Does not Have to Show a Reason
This makes the pardon a straightforward matter for the president's view point. He does not have to present an argument about the mitigating circumstances in which the convict was seen. Besides, a presidential pardon is not reviewable by other branches of the government.

4. Self-Pardon has no Precedence
The ability of a president to pardon himself is untested in the history of the United States. So Trump might as well 'try' it. Such a move will open a whole new legal chapter in the history of the US. Constitutional expert Brian Kalt said: "When people ask me if a president can pardon himself, my answer is always, 'Well, he can try ... The Constitution does not provide a clear answer on this."

5. Pardon Overturns Conviction but Record of Conviction Stays
A presidential pardon erases the criminal conviction but it does not, crucially, wipe out or expunge the record of the conviction. For example, a person pardoned must still disclose that he was convicted of an offence. He can of course, also disclose that he was pardoned.

6. Only Federal Crimes can be Pardoned
A presidential pardon only applies to federal crimes. The US constitution has clearly said it applies only to crimes against the United States. The Prosecution under state laws will still go ahead even if someone has been given presidential clemency.

7. Trump can Pardon Family
It's legal and there is recent precedent. President Bill Clinton pardoned his brother Roger Clinton on the last day of his presidency in 2001.

8. DOJ Opposed Self-Pardon in 1974
When Richard Nixon considered self pardon, the Department of Justice had opposed. Instead, the DOJ said Nixon could use another route. He could temporarily step down, be pardoned by the vice-president and then take power again. This could be done under the provisions of 25th Amendment of the US Constitution, which allows a president to stand down from office temporarily on account of any sort of inability.

9. Subject's Acceptance is Must for Pardon
For a pardon to be effective, the subject should accept it. And there have been cases in which the subject has turned down the pardon. In 1833, George Wilson, who was convicted of robbing the US Mail in Pennsylvania and sentenced to death, was pardoned by president Jackson but the convict rejected the pardon.

10. Accepting Pardon an Admission of Guilt?
If indeed President Trump pardons himself, the moral weight of the confusion regarding the guilt element involved in presidential clemency will come to rest on his shoulders. In 1915, Associate Justice Joseph McKenna ruled that a pardon "carries an imputation of guilt; acceptance of a confession of it." He was pronouncing judgment in the Burdick v. United States case.