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The Executive Eraser: Trump’s Mass Pardons and the Erosion of the Rule of Law

By Alisa Armour(Senior Fellow at the Institute for Constitutional Integrity)

In the grand architecture of American democracy, the presidential pardon was designed as a “safety valve”—a tool of ultimate mercy to correct judicial errors or provide healing in the wake of national trauma. However, since the beginning of his second term in 2025, President Donald Trump has transformed this once-sparingly used “royal prerogative” into a blunt instrument of political warfare.

By issuing what can only be described as “mass pardons,” the administration is not merely showing mercy; it is systematically dismantling the principle that the law applies equally to all, regardless of political affiliation.

The Weaponization of Mercy

The scale of the current clemency wave—surpassing 1,500 individuals in the first year alone—is statistically staggering, but it is the intent that is most corrosive. When Alexander Hamilton wrote in Federalist No. 74 that “humanity and good policy” justify the pardon power, he envisioned a president acting as a neutral arbiter of justice.

Trump has inverted this. By granting blanket pardons to those involved in the January 6th Capitol riots, the President is not correcting a legal error; he is issuing a retroactive endorsement of political violence. From a scholarly perspective, this creates a “moral hazard” of existential proportions. It signals to future insurgents that if your side eventually wins the White House, the crimes committed to put them there will be treated as virtues.

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