Pardon Power Abuse Fuels Voter Cynicism

Experts say presidents are increasingly using pardons for political gain, undermining the system of checks and balances.

Apr. 10, 2026 at 2:39pm

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A dimly lit, cinematic government office space with an empty desk and chair, conveying a sense of political melancholy and disillusionment.The presidential pardon power, once wielded judiciously, has become a source of political cynicism as recent leaders have used it to reward allies and punish enemies.University of Virginia Today

A new book by University of Virginia law professor Saikrishna Bangalore Prakash examines how the presidential pardon power has been abused in recent years, with presidents using it to reward allies, punish enemies, and advance political agendas. Prakash says we have entered a 'pardon dystopia' where the pardon power is being used in ways that are 'inconsistent with the general structure of checks and balances'.

Why it matters

The presidential pardon power is meant to be used judiciously and in the public interest, but recent presidents have used it for personal and political gain, fueling voter cynicism about the integrity of the political system. This abuse of power undermines the system of checks and balances that is fundamental to American democracy.

The details

Prakash's book 'The Presidential Pardon: The Short Clause with a Long, Troubled History' chronicles how presidents from both parties have abused the pardon power. Bill Clinton pardoned his half-brother and a Gambino mob associate, while also commuting the sentences of 16 members of a Puerto Rican group and pardoning a fugitive whose ex-wife donated to Clinton's presidential library. More recently, Prakash says Biden gave 'preemptive pardons' to family members and that Trump promised to pardon Jan. 6 defendants if reelected, which Prakash sees as 'policy pardons' that amount to suspending laws.

  • In 2024, Trump said his first acts if reelected would include pardoning the Jan. 6 defendants.
  • On the eve of the 2022 midterm elections, Biden pardoned federal marijuana convictions.
  • In 2024, Biden commuted 37 federal death sentences.

The players

Saikrishna Bangalore Prakash

A University of Virginia law professor and author of the book 'The Presidential Pardon: The Short Clause with a Long, Troubled History'.

Bill Clinton

The former president who pardoned his half-brother, a Gambino mob associate, and others in questionable circumstances.

Donald Trump

The former president who promised to pardon Jan. 6 defendants if reelected, which Prakash sees as an abuse of the pardon power.

Joe Biden

The current president who gave 'preemptive pardons' to family members and pardoned federal marijuana convictions.

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What they’re saying

“For many years, Joseph Biden had been involved in a sordid business, where he was the product.”

— Saikrishna Bangalore Prakash, University of Virginia law professor

“Something has qualitatively changed over the past two presidencies.”

— Saikrishna Bangalore Prakash, University of Virginia law professor

What’s next

Prakash believes the only feasible solution to the abuse of the pardon power is the election of presidents who will use it judiciously and in the public interest, rather than for personal or political gain.

The takeaway

The growing abuse of the presidential pardon power has fueled voter cynicism about the integrity of the political system, undermining the system of checks and balances that is fundamental to American democracy.