Durbin, Senate Judiciary Democrats Ask AG Bondi For Clarification On The Trump Admin's Extreme Partisan Approach To The Pardon Power
In recent weeks, DOJ has adopted a broad & legally suspect view of the scope of criminal conduct covered by Trump’s pardons to benefit January 6 rioters; President Trump has also wrongly claimed that President Biden’s pardons were invalid based on the alleged use of an autopen
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today led Democratic members of the Senate Judiciary Committee in two letters to U.S. Attorney General (AG) Pam Bondi seeking clarification about the Trump Administration’s extreme and partisan approach to the pardon power.
The first letter asks what role, if any, the Department of Justice (DOJ) played in the pardons and commutations issued by President Donald Trump to individuals convicted of crimes in connection with the Capitol riot on January 6, 2021, as well as greater clarity regarding DOJ’s position on the scope of criminal acts covered by these pardons and commutations. Along with Durbin, this letter was signed by U.S. Senators Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), and Adam Schiff (D-CA).
“As you know, on January 20, 2025, President Trump granted clemency to every person convicted for their role in the deadly attack on the U.S. Capitol on January 6, 2021. This decision resulted in the immediate release of the individuals responsible for the crimes committed during the Capitol assault, including violent assaults against law enforcement that resulted in the death of five law enforcement officers and injuries to more than 140 others such as cracked ribs, traumatic brain injuries, smashed spinal discs, and a heart attack,” the Senators wrote. “We harbor grave concerns over the threat these individuals pose given their release without consideration of their risk of recidivism, lack of rehabilitation, and absence of planning for their successful reentry into society.”
Their letter continues, “It is clear that most, if not all, of the individuals subject to the President’s order would not qualify for a pardon under the longstanding DOJ guidelines concerning Standards for Considering Pardon Petitions (9-140.12)… We are also deeply concerned by the recent shift in the Department’s position regarding the scope of the criminal conduct covered by the President’s January 6 clemency order. After initially concluding that the pardons covered only crimes committed at the Capitol on January 6, various DOJ prosecutors now assert ‘after consultation’ with Department leaders, that President Trump intended to pardon unrelated offenses.”
Given the clear threat to public safety posed by President Trump’s January 6 clemency grants and the Department’s subsequent efforts to expand the scope of this clemency, the Senators requested AG Bondi’s prompt response to a series of questions no later than April 22, 2025.
The second letter asks for information regarding DOJ’s role, if any, in informing President Trump’s opinion on then-President Biden’s January 19, 2025, Executive Grant of Clemency to the Members of Congress who served on the House Select Committee to Investigate the January 6th attack on the United States Capitol, particularly in light of President Trump’s recent admissions that the Trump Administration uses autopens to sign presidential documents and that he did not sign his proclamation invoking the Alien Enemies Act. Along with Durbin, this letter was signed by U.S. Amy Klobuchar (D-MN), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), and Alex Padilla (D-CA).
“As a threshold matter, the Constitution does not grant any president the power to undo a pardon… The Supreme Court has long recognized the broad scope of the pardon power and has refused to delineate any limits such as those claimed by President Trump,” the Senators wrote. “Contrary to President Trump’s claim, there is no prohibition of pardons signed by autopen. In fact, the autopen and its technological antecedents have long been employed by presidents to sign official documents.”
The Senators’ letter continues, “Given the aforementioned history and tradition concerning presidential pardons, it is clear that President Biden’s January 19, 2025, Executive Grant of Clemency, issued pursuant to Article II, Section 2, Clause 1, of the Constitution, is a valid and lawful exercise of the president’s pardon power.”
To better understand DOJ’s involvement in informing President Trump’s opinion regarding President Biden’s January 19, 2025, Executive Grant of Clemency, the Senators requested AG Bondi’s prompt response to a series of questions no later than April 22, 2025.
Full text of the letter at AG Bondi regarding President Trump’s January 6 related pardons can be found here.
Full text of the letter at AG Bondi regarding President Biden’s January 6 related pardons can be found here.
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