Donald Trump is preparing for his second term in the Oval Office. Days after he defeated Kamala Harris in the Presidential polls, political observers in the US speculated that Trump would issue pardons for several controversial figures. From January 6 rioters to prominent public figures, these potential pardons seem to be part of Trump's strategy to galvanise his political base and challenge what he views as a biased legal system.
According to the US Department of Justice, “The President's clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: ‘The President…shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.'”
But pardons do not fully erase a criminal record. Even after a pardon, individuals may still face restrictions, such as being prohibited from voting in certain states.
Pardons for January 6 rioters
Trump has repeatedly expressed his intention to pardon those involved in the January 6 Capitol riots, though he remains vague on specifics. “If they're innocent, I would pardon them,” he remarked in July. Campaign spokesperson Karoline Leavitt told the Washington Post that pardons would be decided on a “case-by-case” basis, with some defendants already invoking Trump's pardon promises in court since his election on November 5.
Hunter Biden
Trump hinted at the possibility of pardoning Hunter Biden, Joe Biden's son, who faces sentencing for federal tax and gun charges. Trump told conservative radio host Hugh Hewitt in October, “I wouldn't take it off the books… despite what they've done to me.”
Ross Ulbricht
Another person who may benefit from a potential pardon is Ross Ulbricht, founder of the Silk Road dark web marketplace, who has received vocal support from libertarians. Supporters of Ulbricht, who was sentenced to life imprisonment in 2015 for running the Silk Road marketplace on the dark web, expressed their hope on social media, with one tweet stating, "ROSS IS COMING HOME IN JANUARY. We are so grateful to @realDonaldTrump for his pledge to #FreeRoss and to all those who have supported us.”
Julian Assange
Julian Assange, the founder of WikiLeaks, may also receive a pardon. Trump expressed in May 2024 that he would “give very serious consideration” to granting clemency to Assange.
Peter Navarro
Trump has left the door open for a potential pardon of his former trade adviser, Peter Navarro, who was sentenced to four months in prison for contempt of Congress. Trump praised Navarro as a “great patriot,” claiming he was “treated very unfairly.”
Trump's self-pardon and legal boundaries
As for the possibility of Trump pardoning himself, the issue remains murky. While Trump previously dismissed the idea, telling NBC News last year it was “very unlikely” he'd pardon himself, because he “didn't do anything wrong,” legal experts remain divided on whether the Constitution permitted such an action. While Trump may avoid needing a self-pardon for federal charges, state-level prosecutions, including those in New York and Georgia, remain outside his jurisdiction.
