Why Trump has pardon power over DC cases

President Donald Trump’s pardons of the Jan. 6 defendants and two D.C. police officers convicted in the death of Karon Hylton-Brown have many people asking questions about the president’s pardon power.

A law professor who specializes in pardons explains the president’s unique power to intervene in local D.C. criminal prosecutions.

In his first hours back in office, Trump issued pardons to hundreds of Jan. 6 defendants, many who were convicted of attacking police officers during the insurrection at the U.S. Capitol. Trump also extended his pardon power to two Metropolitan Police Department officers who had been convicted in the death of Karon Hylton-Brown.

While the Jan. 6 defendants were charged with federal crimes, the two MPD officers were charged with local crimes.

“Article II of the Constitution gives the president of the United States the power to pardon offenses against the United States government, meaning federal offenses, but also, it turns out the president does have the pardon authority over District of Columbia offenses as well, given the novel nature of D.C.,” said Kimberly Wehle, author of “Pardon Power: How the Pardon System Works — and Why.”

Because most crimes in D.C. are prosecuted by the U.S. attorney, Wehle explains, the president has power in D.C. he doesn’t have elsewhere, whether the cases are brought in federal court or D.C. Superior Court.

“Given the unique nature of the District of Columbia, but there’s no other part of the country where he would be able to pardon a state crime,” Wehle said.

While reporters have asked the president about the reasons for the pardons, Wehle says the public rarely gets specific details.

“So not only is there no limits or oversight on the president’s ability to pardon, but there’s like a confidentiality lock on the information that the president has exclusive discretion whether to disclose it to the public,” she said.

As for how someone gets a pardon, and how they qualify: “There’s an application online on the Department of Justice website,” Wehle said. “And there are criteria, including that you have to have served your sentence and waited five years to be eligible, which of course is not what happened with the Jan. 6 insurrectionists. In addition, there’s a number of criteria. Two that are prominent are, you have to demonstrate remorse and accountability for the crime, and you can’t be violent. Those are generally disqualifying by the office of the pardon attorney in the Justice Department. But, of course, the president is not bound by those recommendations.”

About 10,000 people will apply for pardons during a president’s term, she said.

Once someone receives a pardon, rights such as the ability to buy a gun and to vote are restored. A person can refuse a pardon, as we have seen with one of the Jan. 6 defendants, she said.

It’s not just Trump who’s made headlines for issuing pardons. Former President Joe Biden has received backlash for pardoning his son Hunter in connection with his felony gun and tax convictions — a decision Biden made after previously stating he would not. Then, during his final hours in office, Biden also pardoned several people including Dr. Anthony Fauci, members of the Jan. 6 committee and members of the Biden family.