Noting, yet again, that very few recipients of clemency from Prez Trump have faced new charges
In this post a couple of years ago, I flagged the historical and statistical reality that it is likely that, among any significant cohort of clemency recipients, some number are to face some future legal difficulties. I made the point in conjunction with a press effort to suggest that an unusually large number of persons granted clemency by President Trump were “back in legal jeopardy.” This point merits raising again because this weekend the New York Times decided to rabble-rouse in this arena via this article headlined “Trump Gave Them a Second Chance. They Could Not Stay Out of Trouble.” Here are some excerpts (with links from the original):
Executive clemency is among the most unilateral unchecked powers of the Oval Office. Presidents are allowed to decide how and to whom to issue commutations, which reduce or eliminate prison sentences, and pardons, which wipe away conviction records.
According to an analysis in a law journal focused on criminal justice, only 25 of the nearly 240 clemency grants issued by Mr. Trump were vetted and recommended by the pardon attorney’s office. The analysis concluded that most other modern presidents skirted the Justice Department clemency process less often, with a few notable exceptions that sometimes prompted outrage or investigations.
As Mr. Trump campaigns for another term as president, he is again dangling the prospect of executive clemency for supporters and cases that align with his politics. He has promised to commute the life sentence of Ross W. Ulbricht, founder of an online drug marketplace. Mr. Ulbricht’s cause has been championed by the cryptocurrency industry, which Mr. Trump has cultivated.
In addition, Mr. Trump has pledged to pardon people convicted in connection with the Jan. 6, 2021, riot at the Capitol by his supporters, egged on by his claims that the 2020 election was stolen…..
Ms. Camberos is among six people granted clemency by Mr. Trump and known to have been charged with new crimes after they received a second chance, according to a Times review of the former president’s clemency grants….
To be sure, some criminal justice experts and supporters of prisoners’ rights say the Justice Department’s process takes too long and gives too much deference to federal prosecutors, who tend to frown on having their convictions undermined. But even some Trump aides were concerned that his White House’s ad hoc process lacked sufficient vetting and relied too much on insider ties, according to former officials who spoke on the condition of anonymity to discuss internal deliberations.
Even if all six of the persons mentioned in the NYTimes piece are guilty of the crimes for which they have been charged, that would still mean the group of Trump clemency recipients have a reconviction rate of just 2.5%. Given that the US Sentencing Commission has determined in a 2016 report that federal offenders as a group generally have roughly 32% reconviction rate, Prez Trump’s distinctive process for picking clemency recipients does not seem to have produced a great threat to public safety.
Prior related post: