Defend the Constitution: Pardons Aren't Supposed To Be For Sale
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I am writing as your constituent regarding the corruption of presidential clemency into a pay-to-play vehicle for wealthy donors, while ordinary citizens remain imprisoned.
During the 1788 Virginia Ratifying Convention, George Mason warned that a president "may frequently pardon crimes which were advised by himself." In 1927, the Supreme Court affirmed in Biddle v. Perovich that a pardon is "not a private act of grace," but a determination that "the public welfare will be better served." Using executive power to free wealthy individuals who buy access through multimillion-dollar political contributions subverts equal justice. Because courts do not review executive motives, legislative oversight and constitutional amendments remain Congress’s essential Article I tools.
Reuters documented that 96 percent of second-term clemency grants bypassed standard Justice Department guidelines, with intermediaries commanding up to $2 million per case. Ten recipients, advocates, and affiliated entities contributed over $10 million to executive-linked committees.
The public record reveals severe systemic corruption:
- Pay-to-Play Freedom: Nikola founder Trevor Milton received a full pardon wiping out $675 million in restitution after contributing $1.8 million to allied committees. Paul Walczak had $4.4 million in tax fraud restitution erased weeks after a $1 million fundraiser. Unconnected defendants never receive this treatment.
- Massive Losses for Victims: House Judiciary analyses estimate executive pardons have erased nearly $1.7 billion in restitution, fines, and forfeitures owed to crime victims and taxpayers.
- Undermining Law Enforcement: Over 1,500 January 6 defendants received clemency, including 14 whose sentences for seditious conspiracy or assaulting police officers were commuted.
- Unchecked Executive Settlements: The Justice Department settled a $10 billion lawsuit involving executive IRS audits—a deal a federal judge deemed collusive and brought in bad faith.
I urge you to take immediate legislative action:
1. Co-Sponsor H.J.Res. 135 (Pardon Integrity Act): Support this bipartisan constitutional amendment introduced by Rep. Olszewski and Rep. Don Bacon (R-NE) authorizing Congress to nullify a pardon by a two-thirds vote.
2. Pass Statutory Transparency Bills: Enact H.R. 10032 to require donation disclosures from clemency recipients, and S. 256 to mandate victim notices and lobbying disclosures.
3. Protect Victim Restitution Rights: Preserve civil rights for crime victims to enforce court-ordered restitution following executive clemency.
4. Stop Self-Dealing: Pass the Ban Presidential Plunder of Taxpayer Funds Act (S. 4299 / H.R. 8309) and the BLANCHE Act (H.R. 9210) to require independent judicial review of executive settlements.
Pardons were never meant to be for sale. Reclaim your Article I authority and protect the rule of law.