WASHINGTON — A report highlighted by Executive Dysfunction, a newsletter tracking changes in law and governance under President Donald Trump, argues that Trump’s use of presidential pardon power has created conditions that could encourage future illegality, citing analysis published by Slate.
According to the report, author Shirin Ali wrote that Trump has issued about 1,600 pardons during his second term, roughly six times the number he granted during his entire first term in office.
The report also cited The Wall Street Journal, which said Trump told top administration officials he would grant pardons before leaving office in 2028, joking that anyone within 200 feet of the Oval Office would receive one.
Ali reported that Trump has raised the possibility of pardons with White House aides and other administration officials, using the power as a form of political influence, particularly when allies could face federal criminal charges, prosecutions or congressional investigations.
Frank Bowman, a law professor at the University of Missouri, former federal prosecutor and pardon scholar, told Slate that Trump is reshaping the Department of Justice into an institution that protects allies and punishes opponents through use of the pardon power, creating what he described as a “permission structure for illegality.”
Bowman said he views Trump’s approach to pardons as a means of subverting the legal system and establishing an autocratic form of presidential governance. He added that Trump has transformed the federal criminal justice process into a personalized sphere of presidential control.
As examples, Bowman cited Trump’s handling of Jan. 6 cases and the use of preemptive pardons for people not yet charged in connection with efforts to overturn the 2020 election. He also said Trump has used pardon authority to benefit political supporters and people aligned with his economic interests who were prosecuted or facing prosecution.
Bowman contrasted that with the Watergate era, when the House Judiciary Committee voted to impeach President Richard Nixon after he was accused of dangling pardons before Watergate conspirators. At the time, offering pardons to silence witnesses was widely viewed as potential obstruction of justice.
The report said recent Supreme Court rulings have left little room for congressional oversight of presidential pardon decisions outside impeachment and state criminal matters. Bowman said any corrupt or criminal use of the pardon power would not necessarily expose a president to criminal liability because of the court’s immunity ruling in Trump v. United States.
Still, Bowman said Congress retains authority to investigate whether a president is abusing pardon power by shielding criminal co-conspirators or promising pardons for future crimes. He argued that if Democrats regain control of the House, they would have a constitutional obligation to investigate potential abuses.
Ali also asked whether former President Joe Biden helped open the door to future abuses through preemptive pardons for family members. Bowman said he understood the motivation but believed the move reflected insufficient confidence in the justice system and created precedent Trump could cite to justify broader future uses of the power.
The report further noted that presidential pardons do not apply to state crimes. Bowman said states could still bring prosecutions against recipients of federal pardons, but significant obstacles remain, including access to evidence controlled by federal authorities and the possibility that some alleged misconduct may not violate state law.
He warned that evidence could be lost or intentionally destroyed after a president leaves office, complicating future accountability efforts. Even so, the report concluded that while Congress may not presently act, legal and political avenues remain available for those seeking accountability.
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