Overview of One Thing: Unpacking Trump’s Second Term Pardon Spree
This episode of CNN’s One Thing (host David Rind) examines the surge of presidential pardons in Donald Trump’s second term, placing them against the historical purpose of clemency and flagging legal, ethical, and political concerns. Guest Kim Whaley (former assistant U.S. attorney, law professor, author of Pardon Power) explains how the pardon process normally works, why this pattern is different, and what it means for the justice system and people outside Trump’s orbit.
Key takeaways
- The constitutional pardon power was designed as an act of mercy or to heal after national crises; historically it followed recommendations from DOJ’s Office of the Pardon Attorney and had norms (e.g., waiting periods, remorse, completed sentences).
- The Trump administration’s pardons increasingly reward political allies, campaign donors, and people connected to Trump’s business or legal interests, rather than following traditional mercy-based rationales.
- This pattern creates a perception (and potential reality) of impunity and of using pardon power to aggrandize the president or provide quid pro quo benefits.
- The Justice Department’s independence appears diminished by political appointees involved both in prosecutions and clemency reviews (the episode highlights concerns about Ed Martin).
- People without political access—those who’ve rehabilitated themselves but lack resources—are disadvantaged in the current clemency system.
- Congressional or other institutional checks on misuse of pardons are weak; enforcement of constitutional limits depends on actors willing to act.
How the pardon power traditionally works
- Constitutional source: Article II grants the president the power to grant reprieves and pardons.
- Historically used for mercy, correcting injustices, or national reconciliation (e.g., post‑rebellion clemency).
- Modern practice: DOJ Office of the Pardon Attorney reviews applications using criteria (e.g., sentence completed and five years passed, evidence of rehabilitation) and issues recommendations to the president. Those recommendations aren’t binding—the president may accept or bypass them.
Examples and patterns discussed in the episode
- Large numbers of pardons across Trump’s terms: the transcript references more than 1,650 people pardoned across two terms and large groups of January 6 defendants receiving clemency (including many convicted of violent offenses).
- High-profile beneficiaries discussed: Rudy Giuliani, Sidney Powell, Mark Meadows, Paul Manafort, Roger Stone (commutations/pardons tied to Trump allies and to the Mueller/January 6 matters).
- Recent pardons highlighted included the founder of Binance (transcript misnames him; this refers to Changpeng “CZ” Zhao) and pardons for people with alleged ties to Trump family/business or who donated to the campaign.
- Questions about Ghislaine Maxwell surfaced (newly released emails mentioning Trump), prompting speculation about possible future pardons—though the White House spokesperson insisted pardons are reviewed thoroughly.
Expert analysis (Kim Whaley)
- Whaley argues modern use under Trump departs from mercy-based rationales and often benefits the president personally or politically.
- She says this use can create a “permission structure for bad behavior”: help Trump and you may be rewarded.
- Whaley warns the DOJ has been co-opted—citing parallels to Nixon-era politicization—and notes personnel choices (like Ed Martin’s roles) create conflicts when the same actors influence prosecutions and clemency.
- She emphasizes the system advantages wealth and access: expensive lobbyists and insiders (e.g., family members or aides) can effectively lobby for pardons, while ordinary people cannot.
- The episode points out limited accountability: problematic pardons in prior administrations drew investigations and political fallout (e.g., Mark Rich pardon), but current institutional enforcement appears weaker.
Concerns and broader implications
- Separation-of-powers and enforcement gap: pardons are constitutional but largely unchecked, and there’s a question of who will “issue the ticket” if norms are broken—Congress, courts, or political actors.
- Presidential immunity questions: the episode references a Supreme Court decision (Trump v. United States) discussion and Justice Sotomayor’s dissent warning that expansive immunity could shield presidential wrongdoing, including abuses tied to pardons.
- Emoluments and conflicts: pardons for donors or people whose businesses have ties to the president raise emoluments and corruption concerns; enforcement would require congressional or legal action.
- DOJ politicization: placement of politically aligned officials in prosecutorial or pardon‑review roles risks vindictive prosecutions or partisan clemency decisions.
What this means for non‑allies and ordinary clemency seekers
- Individuals who have served sentences and rehabilitated may find clemency prospects dimmer, because review processes and norms are sidelined and political connections matter more.
- Systemic reform advocates worry that structural inequities (race, wealth, access) in federal clemency are worsened when pardons primarily reward insiders.
Notable quotes from the episode
- “Where are the tickets for speeding through it? Is anyone going to issue the ticket for speeding? And I think Donald Trump knows no one will.” — Kim Whaley (paraphrased from conversation)
- From Justice Sotomayor’s dissent quoted in the episode: “Orders the Navy’s SEAL Team 6 to assassinate a political rival — immune… takes a bribe in exchange for a pardon — immune.”
What to watch next (actions and signals)
- Lists of subsequent pardons/commutations and their connections to Trump (donors, business ties, legal allies).
- Congressional oversight moves: hearings, investigations, or legislative proposals on clemency reform and emoluments enforcement.
- DOJ personnel changes, confirmation fights, and the role of the Office of the Pardon Attorney.
- Any legal challenges or constitutional litigation tied to pardons, alleged quid pro quo, or executive immunity rulings.
- Reporting on cases flagged as politically motivated prosecutions (e.g., high‑profile targets like state AGs or former federal officials).
Episode metadata
- Host: David Rind (CNN Podcasts)
- Guest/expert: Kim Whaley (former assistant U.S. attorney; University of Baltimore law professor; author of Pardon Power)
- Focus: Use and implications of presidential pardons in Trump’s second term; DOJ politicization and fairness of clemency.
If you want the essentials: the episode argues that recent pardon usage marks a shift from mercy and national reconciliation toward politically motivated rewards that advantage insiders and weaken institutional checks, with worrying consequences for fairness and accountability.
