Overview of The Daily: The Art of the Pardon — How Trump Turned Clemency Into a Business
This episode examines how President Trump’s clemency powers have evolved into what The New York Times calls a “pardon industry” — a lucrative ecosystem of lawyers, lobbyists, donors, and Trump insiders who help wealthy or well-connected people seek pardons and commutations. The conversation with Ken Vogel argues that Trump’s second term has made clemency more transactional than ever, with access, money, and loyalty often appearing more important than remorse or rehabilitation.
What the Episode Is About
- A deep dive into the rise of a pardon economy around Trump.
- How people in Trump’s orbit have monetized access to the president’s clemency power.
- Why Trump’s approach to pardons is different from the traditional Justice Department review process.
- How this issue has become politically potent as voters grow more concerned about government corruption.
Main Takeaways
Trump has bypassed the normal clemency process
- Traditionally, pardon candidates are vetted by the Justice Department and expected to show:
- remorse
- evidence of rehabilitation
- low risk of reoffending
- some repayment to victims
- Trump has largely ignored that framework, instead favoring:
- personal loyalty
- political alignment
- claims that the justice system is “unfair” to him and his allies
Clemency has become a business
- The “pardon industry” includes:
- lobbyists
- lawyers
- consultants
- Trump-family-adjacent figures
- Many charge large fees to help clients get their petitions in front of the president.
- The episode suggests that in Trump’s orbit, pardons are increasingly treated like something that can be purchased or brokered.
Trump’s experience with prosecution shaped his second-term approach
- The episode argues that Trump’s own legal troubles hardened his view of the justice system.
- He now sees clemency as a way to:
- protect his supporters
- reward allies and donors
- undo what he views as politically motivated prosecutions
Key Historical Context
First term: reform and high-profile clemency
- Trump was encouraged toward criminal justice reform by figures including Jared Kushner.
- Kushner’s interest was personal as well as political; his father, Charles Kushner, had served prison time for tax evasion and related crimes.
- Trump signed the First Step Act, which made major sentencing reforms and was praised by criminal justice reform advocates.
- He also granted clemency to people like Alice Marie Johnson, who became a symbol of the cause.
Later in the first term: clemency became more political
- Trump increasingly pardoned:
- allies
- donors
- political loyalists
- people tied to his inner circle
- Examples mentioned:
- Steve Bannon
- Roger Stone
- Paul Manafort
- Elliot Broidy
- Charles Kushner
- This shift laid the groundwork for a more overtly transactional system in his second term.
Second term: a full-blown pardon economy
- Trump granted blanket clemency to nearly 1,600 people connected to the January 6 attack.
- He created a White House-based process outside the traditional Justice Department structure.
- Alice Marie Johnson was named “pardon czar.”
- People seeking pardons increasingly:
- hired Trump-connected lobbyists
- made donations to Trump-aligned groups
- tried to reach Trump through media outlets he watches, especially Fox News
Notable Case Studies
Elizabeth Fago and her son Paul Walzak
- Fago, a Republican donor with Trump-family connections, sought a pardon for her son Paul Walzak, who had pleaded guilty to tax crimes tied to a nursing home business.
- She attended a Mar-a-Lago candlelight dinner costing $1 million per seat.
- Less than three weeks later, Walzak received a full and unconditional pardon.
- The pardon also wiped out nearly $4.4 million in restitution.
Joseph Schwartz
- Schwartz, a nursing home executive, had pleaded guilty to major tax crimes and faced prison.
- He hired lobbyists with right-wing ties and another connected to influential religious circles.
- He was also promoted through figures like Laura Loomer.
- Schwartz received a Trump pardon after only three weeks of a three-year sentence.
- The episode suggests the pardon may have had little to do with the official explanations offered, such as religious-liberty claims.
- After the pardon, controversy continued, including allegations that one lobbyist tried to extort additional money from Schwartz’s family.
Alina Habba and Julio Herrera Velutini
- The episode highlights allegations that Trump insider and former lawyer Alina Habba signed a deal worth more than $50 million with a company tied to billionaire Julio Herrera Velutini.
- Herrera Velutini had legal issues tied to a campaign finance and bribery scandal in Puerto Rico.
- His family also reportedly:
- hired Trump-connected lawyers and lobbyists
- donated millions to a Trump-backed PAC
- contributed to Trump-related projects
- A pardon followed, though both the White House and Habba denied any quid pro quo.
- The Times emphasizes that there is no smoking gun, but the timing and pattern are hard to ignore.
Why This Matters
- The episode frames Trump’s pardon system as part of a broader transactional model of governance.
- It raises concerns that clemency is being used to:
- reward donors
- protect allies
- erase legal and financial consequences
- undermine the idea of equal justice
- Some pardoned individuals have reportedly reoffended, deepening criticism of the system.
Political Implications
- Corruption has become a major issue for voters heading into the midterms.
- Polling cited in the episode suggests many Americans believe Trump is using the presidency to enrich himself and his circle.
- If Democrats win control of Congress, the pardon industry could become a major focus of oversight and investigation.
- The episode suggests future presidents may also use clemency to reverse prosecutions from prior administrations, making pardons a partisan tool rather than a neutral act of mercy.
Bottom Line
The episode argues that Trump has transformed presidential clemency from a limited act of mercy into a high-priced, access-driven marketplace. In this system, pardons can appear to be influenced by money, loyalty, and proximity to power — not just justice or rehabilitation.