Trump was convicted of 34 criminal counts a year ago. Can he pardon himself?
- President Donald Trump, convicted on 34 felony counts of falsifying business records, issued numerous pardons before the anniversary of his conviction.
- Presidential pardons only apply to federal cases, not state cases like Trump's conviction.
- Trump's federal cases, led by special counsel Jack Smith, were dismissed after his second presidential term election due to the Justice Department's policy against prosecuting sitting presidents.
In the days leading up to the anniversary of his own criminal conviction, President Donald Trump issued a flurry of clemency acts.
On May 30, 2024, a New York jury found Trump guilty of 34 felony counts of falsifying business records, the first time a former president had ever been convicted of a crime. Prosecutors argued Trump disguised reimbursements for a $130,000 hush money payment for porn star Stormy Daniels as legal expenses ahead of the 2016 election.
In January, Judge Juan Merchan issued an "unconditional discharge” sentence for Trump's conviction, meaning he received no prison time or probation. The other cases in which he was also indicted are not moving forward while he is in office.
But back in the White House, Trump has used the presidential power of clemency to ease consequences for people convicted of tax evasion, murder and bribery, to name a few. But can Trump use his clemency power on himself?
Can Trump pardon himself?
A president issuing a self-pardon would be unprecedented, so its legality is unclear.
If he did try it, it would not apply to the hush money case. Presidential pardons only apply to federal cases, not state cases.
The Constitution states the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." That text limits the pardoning power by excluding state criminal offenses and civil claims, according to the Constitution Annotated.
Was Trump convicted in a state or federal case?
Trump was convicted in a New York state case.
The federal cases he was charged in, led by special counsel Jack Smith, were dismissed after Trump was elected to serve a second term. It is a longstanding policy at the Justice Department to prosecute a sitting president.
Who has Trump pardoned in his second presidency?
In addition to those convicted in the Jan. 6 riots, Trump has granted clemency, including pardons and sentence commutations, to more than 45 people as of May 29. In his first term, he granted 238 clemency acts, according to Pew Research Center, which also found former President Joe Biden had granted more clemency acts than any other president on record with 4,245 acts.
Some recent Trump pardons and sentence commutations that made headlines include:
- Paul Walczak, the son of a wealthy Republican donor who was convicted of tax evasion for siphoning more than $10.9 million in payroll taxes from the paychecks of doctors and nurses. He had been sentenced to 18 months in prison.
- Michele Fiore, a former Las Vegas City Councilwoman who was convicted of federal charity fraud after misusing donations for a planned police memorial. She had not been sentenced when she was pardoned.
- Scott Jenkins, a former Virginia sheriff convicted of bribery in what prosecutors called a "cash-for-badges scheme.” He was set to start a 10-year prison sentence on May 27, 2025.
- Todd and Julie Chrisley, reality TV stars convicted of conspiring to defraud community banks, defraud the IRS and commit tax evasion in 2022. Todd Chrisley had been sentenced to 12 years in prison and Julie had been sentenced to seven years in prison.
- Larry Hoover, a Chicago gang leader serving multiple life sentences for charges including murder, extortion and money laundering, had his federal sentence commuted. Hoover attracted celebrity attention in calls to be freed, including from rapper Ye, formerly known as Kanye West. Hoover will remain behind bars to continue serving for state charges.
Contributing: Jeffrey Meehan, Reno Gazette Journal; Hannah Phillips, Palm Beach Post; Bart Jansen, KiMi Robinson, Jay Stahl, Aysha Bagchi, Kathryn Palmer, Paste BN; C.A. Bridges, Paste BN Network
Kinsey Crowley is the Trump Connect reporter for the Paste BN Network. Reach her at kcrowley@gannett.com. Follow her on X and TikTok @kinseycrowley or Bluesky at @kinseycrowley.bsky.social.