Pardon Games Redux
The Justice Department's new Pardon Attorney has been busy. Last week, he presented two pardons to the President and the President granted them. They provide further insight into Trump's Justice.
Justice Briefs is a weekly newsletter devoted to federal criminal prosecution. The federal government’s evolution over the last 230 years has given federal prosecutors significant discretion. Few realize it exists and even fewer know how it is used. Justice Briefs aims to make federal prosecutions and prosecutors more accessible to the general public. Please help me in this endeavor by subscribing and sharing with others.
Justice in Brief
In the Central District of California, two men were charged with interstate stalking as they paid people to dissuade US residents from criticizing China’s government. In the Eastern District of Wisconsin, the same two people were charged with attempting to obtain defense equipment for export to China.
In the Eastern District of Virginia, an IT professional with the Defense Intelligence Agency was arrested for attempting to disclose national security information to a friendly government. The man said he was motivated by current US policy.
In the District of Maryland, a man was charged with falsely billing Medicare. He provided COVID testing but billed for much more expensive respiratory tests. In a second scheme, he was charged with operating a Ponzi scheme through his private flight club.
Updates…
In the Southern District of New York, the RICO case against Sean “Diddy” Combs continues as the government is still presenting its case-in-chief.
Judges in two districts, Massachusetts and the Eastern District of Virginia have appointed the Trump-selected interims as the permanent US Attorneys. They will remain in position until the Senate confirms replacements. This is unlikely to occur as they are the President’s selections and it avoids a contentious confirmation process.
Justice Department official and former Donald Trump defense attorney Emil Bove has been nominated for a seat on the Third Circuit Court of Appeals.
Pardons-R-Us
Last issue there were numerous federal investigations announced. This past week was the announcement of pardons. The timing coincided with former interim DC US Attorney Ed Martin taking over the role of Chief Pardon Attorney. He collected an eclectic mix of people who he believed merited pardons. The pardons from the week divide into several categories and go beyond the reported headlines. They range from some of the President’s pet issues, to political allies, to seemingly garden-variety people.
The first group are those who were convicted of public corruption offenses. This has been a key aspect of President Trump’s second term. The Justice Department has dismantled the Public Integrity Section and used other instances of Biden public corruption cases as evidence of the Biden Administration’s weaponizing the Justice Department. The public corruption pardons and commutations divide into two categories. Most were connected to the Republican party though there was one exception.
When the President announced several pardons earlier last week, Ed Martin shared a simple message via X: “No MAGA left behind.” The post made clear the main reason for granting many of the pardons was to reward those who were loyal to the President in some manner. Most had been convicted during President Biden’s tenure. Two were convicted of election fraud during President Obama’s tenure.
The pardon of Culpeper, Virginia, Sheriff Scott Jenkins received the most media attention and is the most glaring example of using the pardon power to benefit a political ally. Jenkins was charged with selling auxiliary deputy sheriff positions as a means to raise funds for his re-election campaign. Jenkins was convicted in December 2024 and sentenced in March to ten years in prison. Just before granting the pardon, President Trump indicated that Jenkins was “the victim of an overzealous Biden Justice Department.” Jenkins was also a vocal supporter of President Trump.
Imaad Zuberi had his sentence commuted. He had been sentenced just after President Trump’s first presidency for obstructing the investigation into President Trump’s 2017 inauguration and for making illegal campaign contributions. A business entrepreneur, Zuberi donated over $1 million to Donald Trump’s 2016 campaign. Perhaps to hedge his bet, he also donate more than $100,000 to Hilary Clinton’s campaign.
Jeremy Hutchinson, the son and nephew of prominent Republican Arkansas office holders, was pardoned following his conviction on charges related to a large Medicare fraud investigation. Hutchinson admitted to receiving funds and not reporting them in connection with his position as an Arkansas legislator. He has recently received a 50-month sentence.
Michael Grimm was a Newsmax contributor and former Republican US Congressman. Grimm entered a guilty plea and received an 8-month sentence back in 2014. He resigned his House seat. Years later, he would join the conservative media outlet, Newsmax. Recently, while playing polo, Grimm fell off his horse and was paralyzed. The combination of his Newsmax fame and accident likely led to the pardon.
The last Republican pardoned was John Rowland, the former Connecticut Governor and Congressman. He was convicted not once, but twice, in separate fraud cases. The latter was an election fraud case where Rowland obtained illegal campaign contributions. The first case occurred during George W. Bush’s presidency and the second occurred during Barack Obama’s. His sentence had also been completed.
The pardons also included one Democrat: a young, former Cincinnati City Council member, Alexander Sittenfeld. He had accepted $20,000 from an undercover FBI agent posing as a real estate investor who needed Sittenfeld’s support in the city council. The money bought the undercover agent Sittenfeld’s support.
The clear link between all of these is the nature of the offense. Several involved campaign finance issues. Others accepted money because of their government positions. President Trump has long identified public corruption cases with weaponizing the Justice Department. These are undoubtedly efforts to make that point.
The second large category is white-collar crime offenders. These are people outside of government who use their position to obtain sums of money through fraud or deceit. These cases have little to do with political preferences and many petitioned the Justice Department for their pardons. Martin likely selected them for the public relations value and because their cases might resonate with the President.
The most high-profile of the pardons were for reality TV stars Julie and Todd Chrisley. Both were convicted of bank fraud and tax evasion connected with their television show. The show tracked the lives of the Chrisley family and ran for ten years. Todd Chrisley was promoted as a real estate investor. Both Chrisleys went to prison in 2023. It appears that their daughter, Savannah, played a key role in obtaining the pardon. Months after her parents went to prison, she became a vocal supporter of the President. Speaking about the pardon, the White House Pardon Czar, Alice Marie Johnson, said that this was an example of weaponized prosecution because the sentences were too long. Johnson noted that the duo were first-time, non-violent offenders so their combined 19-year sentence was too long. Johnson added that she knew the duo would use their public platform to promote the President’s agenda.
The President also pardoned James Callahan, a Long Island, New York, labor leader. Callahan’s pardon is interesting in that it occurred just hours before his sentencing. This means that his name was on someone’s radar screen and that person communicated that matter was time sensitive. The pardon caught everyone by surprise. Even the judge questioned it.
Lawrence Duran, who led the largest Medicare-fraud scheme in the Medicare Task Force’s history to that time, coming in at $205 million, had his sentence commuted. The motivation for this one is not clear other than President Trump having commuted a co-defendant’s sentence in 2020.
Though smaller than Duran’s take, Marian Morgan ran an $87 million Ponzi scheme. She went to trial, was found guilty and received a sentence of more than 30 years. He co-defendants received significantly less prison time following their guilty pleas.
The final white-collar pardon was for Marlene and James Kernan. The duo ran a New York insurance company. The law prohibited them from hiring people with prior felony convictions. The Kernans hired someone who had a prior felony and lied about it on their official records. It resulted in a probation sentence. This took place during the Obama presidency so providing a pardon now is curious.
The third category comprises the Kanye pardons. These are commutations and pardons associated with rap/hip-hop music and/or were promoted by Kanye West. He and President Trump have a long-standing relationship. The most prominent of these was Kentrell Gaulden, best known as NBA YoungBoy. Gaulden had been convicted of firearm offenses. In the spring, he and West released a song together.
Another prominent case in this category is the commutation of Larry Hoover’s life sentences. Hoover was the founder of the notorious Chicago gang, Gangster Disciples. West had lobbied extensively for this pardon, even holding a benefit concert. Despite the commutation, Hoover will be transferred to state prison to serve his life sentences for state offenses in Illinois.
Though not directly tied to Kanye West, the founder of Death Row Records, a prominent rap music production label, Michael O. Harris, also received a pardon. He spent 33 years in prison for operating a large drug distribution conspiracy. In 2021, Harris had his sentence commuted by President Trump. This time, Harris received a pardon.
The fourth main category is the most confounding considering current Justice Department policy. The President pardoned or commuted the sentences of five significant drug distribution defendants. None of them seem to have any particular connection to the President. The closest connection is Charles Tanner, a former boxer from Indiana. He had his sentence commuted in 2020 and received a pardon this time. The other defendants included Edward and Joe Sotelo, who were serving life sentences in Texas, Garnett Smith and Anabel Valenzuela. These seem to contradict the Justice Department’s emphasis on eliminating international narcotic trafficking.
The final category is a catch-all category. They appear to be isolated instances. A couple have connections to important issues for the President and others within the Administration. The most apparent is Mark Bashaw. His pardon followed a court martial Bashaw received for failing to comply with the Army’s COVID-19 safety protocols. Next are John Moore and Tanner Mansell. They work for a shark diving company. On a voyage, they came across commercial shark fishing lines. They cut the lines, believing they were illegal. In fact, these were lawful as the sharks were caught for research purposes. The duo was convicted of interfering with the commercial fishing. Their cause was identified by conservative media as exemplifying the overreach of government regulation.
The last two must have some connection to the Administration but it is not readily apparent. The first, Kevin Baisden had several minor offenses in the District of Columbia. He was concerned that, despite being sober for 14 years, the prior convictions would hamper his application for the DC Bar. The second, Earl Smith, stole thousands of dollars worth of US Government computers and re-sold them for profit.
The question to ask of all of these is whether they were deserved. Prior to this Administration, most pardons went through a vetting process at the Justice Department. The process was designed to create uniform standards for using the pardon power. There were certainly exceptions, however, especially among lame-duck presidents. Some of these were undoubtedly political, as I discussed in early March. Yet, this appears to be a different level. Several pardons were granted to significant Trump supporters. They also rely on questionable definitions of weaponization. These pardons also significantly harm people, especially the white-collar crime pardons. The government now cannot take steps to collect restitution from the offenders. Ultimately, most of the list serve a political purpose more than an act of justice and fairness. Even this, however, is not consistent throughout the pardons. Some are no doubt worthy of pardons.
These pardons serve as another piece of evidence that the Bondi Justice Department is a Department in transition. No longer will it approach cases as Departments from both parties have. It is striking out in a new direction. What this will mean as the change progresses is unknown.
I hope you enjoyed this issue and that it made you stop and think. I would love to hear any comments, questions, concerns, or criticisms that you have. Leave a comment or send a message! Also, if you enjoyed this or if it challenged your thinking, please subscribe and share with others!