Today, Explained: "Pardoner-in-chief"

Date: January 29, 2026
Hosts: Noel King
Guests: Ben Wallace-Wells (The New Yorker), Sai Krishna Prakash (University of Virginia, author)

Episode Overview

This episode dives into President Trump's record-breaking use of presidential pardons during his second term, examining the types of people who received clemency, why the pardon power exists, and whether recent presidential pardons represent an unprecedented politicization—or just a further stretching of a long-standing executive power. The discussion considers both the historical context and recent controversial uses of the pardon, exploring its implications for American democracy.

1. Trump's Pardons: Who, How Many, and Why?

Key Discussion Points

• Trump’s Second Term Pace

  • President Trump has issued over 1,600 pardons and commutations in the first year of his second term—a record-setting pace.

    "It's a little bit more than 1600, which is record setting pace." — Ben Wallace-Wells (02:45)

• January 6th Defendants

  • The majority—around 1,500—are January 6th participants and plotters (03:06).

• Categories of Clemency Recipients

  • Political Allies and Potential Allies:
    • Wanda Vázquez Garced (former Governor of Puerto Rico, convicted of bribery)
    • Juan Orlando Hernández (former President of Honduras, drug trafficking)
    • Rod Blagojevich (former Illinois Governor, tried to sell Obama’s Senate seat)
  • Wealthy White Collar Criminals:
    • AD Camberos (two-time fraudster)
    • Trevor Milton (electric vehicle fraud, Republican donor)
    • Changpeng Zhao (Binance founder, money laundering conviction; donated massively to Trump-linked crypto ventures)
  • Celebrities & Randoms:
    • Darryl Strawberry (former baseball player) and others like rapper NBA Youngboy (06:29).

• Influence and Access

  • Many recipients are wealthy and have donated to Trump or employed powerful lobbyists.
  • Pardons are often pursued through influential intermediaries—Roger Stone, Chris Kise, etc.
  • There’s no formal process; high-powered lobbying firms often collect millions to push cases (06:52).

• Trump’s Rationale and Narrative Control

  • Trump gives little detailed reasoning beyond allegations of "Biden witch hunts" or aligning cases with his grievances.

    “He was set up by a lot of bad people. Some of the same people that I...” — Donald Trump (07:56, paraphrased)

  • The pardons give Trump a direct, showy executive power he enjoys using (09:02).

Memorable Quotes

• “It’s just sort of a grab bag of grifters.” — Ben Wallace-Wells (01:56)
• “He can do it without a lot of procedure. And that seems to me just like a very, very friendly to Trump realm of power exercise.” — Ben Wallace-Wells (09:38)

Notable Timestamps

• [02:45]—Breakdown of 1,600+ pardons, most for January 6th offenses.
• [04:56]—Influence of donations and specific cases (e.g., Trevor Milton's donation).
• [07:56]—Lobbying and the informal pardon process.
• [08:54]—Trump’s vague justifications for pardons.

2. Limits and Omissions: Who's Left Out?

Key Discussion Points

• Some high-profile or particularly notorious figures are not being pardoned:

  • Sean Combs (Diddy, sex trafficking), Ghislaine Maxwell (child sex trafficking), and others (09:50).
  • Trump occasionally addresses refusals publicly.

    "People have asked me for pardons. I call him Puff Daddy has asked me for a pardon." — Donald Trump (10:14)

• There is a perceived informal boundary for crimes Trump is unwilling to touch, especially ones that are "too toxic" (10:32).

3. The Historical Context — Has the Pardon Always Been Like This?

With Guest: Sai Krishna Prakash (University of Virginia)

Founders' Intent

• Presidential pardon power is explicitly in the Constitution, inspired by the need to correct overly harsh punishments and to manage rebellions (16:54).

  "Every system of government has some ability to mitigate punishments imposed on people for violating the law." — Sai Krishna Prakash (16:55)

• There was substantial concern among the Founders about giving all this power to one person—unlike in many states, where legislative approval was required.

Historical Use

• George Washington: Used pardons cautiously, consulting extensively and giving reasons when issuing them (18:42).

  “His pardons actually mentioned the reasons why people were being pardoned, because he wanted people to know that he had reasons.” — Sai Krishna Prakash (19:29)

• Highly Controversial Pardons:

  • Andrew Johnson (pardoned Confederates, possibly for personal political gain)
  • Gerald Ford (pardoned Nixon post-Watergate)
  • Jimmy Carter (pardoned Vietnam draft dodgers)
  • Bill Clinton (pardoned Mark Rich, among others, in ways linked to donations and politics)

Modern Era: Heightened Politicization

• Under Clinton and especially with Biden and Trump, the pardon is now often a tool to reward allies, settle scores, and fulfill campaign promises (21:42).

  “The real politicization of the pardon power obviously begins with Biden and with Trump....” — Sai Krishna Prakash (22:16)

• With Biden, notable moves included:

  • Wide pardons for marijuana offenses, commutation of life sentences.
  • Post-election, a broad and controversial pardon for his son Hunter Biden and others tied to his administration (23:59-24:54).
  • Pardons as tools to insulate administration allies from prosecution, especially from a returning Trump DOJ.

Systemic Consequence

• Increasingly, presidents of both parties use the pardon to protect ideological allies or preempt the incoming administration’s reprisals.

  “Are we now going to have every administration end with pardons for ideological allies, including members of the president's administration?” — Sai Krishna Prakash (25:08)

• The public’s deep partisanship encourages use of the pardon power in this maximalist way (26:10).

4. Key Takeaways & Memorable Moments

• Trump’s pardons are “record setting” in speed and scope, and amplify the historical trend of presidents using the power for allies, donors, and personal connections.
• The modern presidency has transformed pardons into a much more public, overtly transactional, and spectacle-driven act.
• The Constitution offers virtually no real-time checks on this power; only public reaction or Congressional investigation after the fact.
• The drive to wield pardons as a political shield is not unique to Trump, suggesting a persistent shift in the presidency rather than a Trump-only phenomenon.

  "I think this is maybe an extreme example... But I don't necessarily think this is going to stop." — Ben Wallace-Wells (12:13)

5. Recommended Listening Timestamps

• [02:45]—Statistical breakdown and categories of Trump's clemency.
• [06:41]—Discussion of who can get a pardon and the informal process.
• [09:46]—On who Trump has not pardoned, and why.
• [16:54]—Sai Krishna Prakash explains the original purpose of the pardon power.
• [18:42]—How George Washington used pardons, and how that’s changed.
• [22:16]—Rise of politicized pardons in the modern era.
• [23:59]—Detailed account of Biden’s end-of-term pardons.
• [25:08]—Broader consequences for future presidencies.

6. Notable Quotes

• "It’s just sort of a grab bag of grifters." — Ben Wallace-Wells (01:56)
• "He can do it without a lot of procedure. And that seems to me just like a very, very friendly to Trump realm of power exercise." — Ben Wallace-Wells (09:38)
• "Every system of government has some ability to mitigate punishments imposed on people for violating the law." — Sai Krishna Prakash (16:55)
• "His pardons actually mentioned the reasons why people were being pardoned..." — Sai Krishna Prakash, describing Washington (19:29)
• "Are we now going to have every administration end with pardons for ideological allies, including members of the president's administration?" — Sai Krishna Prakash (25:08)
• "Presidents reflect the partisanship that permeates our society, and people want their president to do things that reflect their partisan goals." — Sai Krishna Prakash (26:10)

7. Tone and Style

The episode blends wry humor, a direct discussion of contemporary politics, and sober constitutional analysis, in line with Today, Explained’s accessible-but-serious approach. There are moments of levity—“call me a messy bitch”—but the overall discussion is grounded in reporting and legal scholarship.

8. Conclusion

This episode provides a comprehensive, sometimes unsettling view of how presidential pardons—once perhaps viewed as rare acts of mercy or reconciliation—have become a high-stakes, highly politicized tool of modern American governance, with Trump’s conduct as the most extreme but not isolated case. The power seems poised to remain a fixture of partisan conflict and presidential privilege for years to come.

For further listening:

• [16:54–26:10] for Sai Krishna Prakash’s historical and legal deep dive
• [02:45–09:46] for Ben Wallace-Wells’s rundown on how and why Trump’s pardon process functions

Produced by Avishai Artsy, edited by Jolie Myers & Jenny Lawton. Fact-checked by Andrea Lopez Cruzado. Distributed by WNYC.