The Constitution grants sweeping pardon powers to the president, which means that public opinion has historically been the only check on that power. The risk of a backlash is the reason that presidents have waited until their last days in office to issue many pardons and commutations, especially dubious ones to family members (like Hunter Biden) or political allies (like Caspar W. Weinberger, whom George H.W. Bush pardoned). The potential for a backlash also made presidents cautious about the number of pardons they issued. They understood that there could be an outcry if somebody who received a pardon later committed a new crime. The pardon system has also relied on the decency of American presidents.
President Trump has abandoned this approach. His self-serving pardons are so numerous that public attention cannot keep up with them. It is a version of the strategy that his former adviser Steve Bannon has described as “flood the zone”: Do so much so fast that people cannot follow the consequences.
He has created a veritable pardon industry, in which people with White House connections accept payments from wealthy convicts. Among those on whom he has bestowed freedom are dozens of people convicted of fraud. He has also pardoned Juan Orlando Hernández, a former president of Honduras, who helped traffic hundreds of tons of cocaine into the United States, and Ross Ulbricht, who was serving a life sentence for running Silk Road, a sprawling criminal enterprise that sold drugs. There seems to be no crime too ugly for a Trump pardon.
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