No Free Pass: The Unintended Consequences opf Presidential Pardons
23rd January 2025
A presidential pardon is not a get-out-jail-free card. Those who receive presidential pardons face two significant hurdles.
First, a presidential pardon only wipes the slate clean for federal crimes—it offers no shield against state or local charges. This gap in protection is precisely how Donald Trump found himself entangled in criminal cases across four jurisdictions: New York, Georgia, Florida, and the District of Columbia. Each of these jurisdictions operates independently beyond the reach of presidential clemency, underscoring the limits of federal immunity.
Secondly, presidential pardons leave the door open to civil penalties. Federal or state governments, as well as private parties, can pursue restitution or damages through civil courts, even in the absence of criminal penalties. Individuals who receive pardons may still face a range of lawsuits and financial claims, including those initiated by the federal government.
Ironically, receiving a pardon can heighten the risk of civil lawsuits and state or local prosecution. Pardons attract heightened scrutiny from the public and potential plaintiffs, including well-funded advocacy groups eager to pursue justice or restitution. Preemptive pardons, such as those issued by President Joe Biden, are especially prone to being viewed as implicit admissions of guilt, potentially intensifying the drive for civil litigation or state and local criminal prosecution.