What precedent is there for indicting a president or ex-president over selling pardons?
Executive summary
There is no direct modern precedent of a U.S. president or ex‑president being criminally indicted specifically for “selling” pardons; historical disputes over pardons have produced controversy and civil litigation but not a clear criminal prosecution of a president for monetizing clemency (available sources do not mention a criminal indictment of a president for selling pardons) [1]. Scholars and reporting do show rare, politically charged uses of clemency — such as George H. W. Bush’s pardon of Caspar Weinberger and recent mass or politically focused pardons under both Joe Biden and Donald Trump — which commentators treat as analogues for abuse or conflicts of interest rather than criminal precedent [1] [2] [3].
1. The historical record: rare controversies, not criminal prosecutions
The U.S. historical record includes high‑profile, contentious pardons but not a recorded criminal indictment of a sitting or former president for selling pardons. Political scientists point to unusual or controversial clemency decisions — for example, President George H. W. Bush’s 1992 pardon of Caspar Weinberger amid Iran‑Contra prosecutions — as the closest institutional analogues for politically fraught pardons [1]. Reporting on recent presidencies highlights sweeping and partisan uses of clemency but documents disputes and political fallout rather than criminal charges against presidents over pardon decisions [2] [3].
2. Modern disputes: mass, preemptive and politically targeted pardons
Contemporary coverage shows presidents using pardons on an unprecedented scale and in overtly political ways. Analysts note that Donald Trump’s second‑term pardon practices — including preemptive pardons and broad proclamations protecting groups tied to political projects — depart from recent norms and have sparked debate over abuse of the power [4] [5] [2]. Virginia Tech scholars and news outlets framed Biden’s last‑day preemptive pardons for family members and others as rare and politically consequential, likening them to other exceptional historical uses [1]. Journalistic outlets describe Trump’s pardons as driven by loyalty and political calculus rather than standard review procedures [6] [7].
3. Legal theory vs. practical enforcement: why “selling” pardons is hard to prosecute
Available reporting emphasizes the constitutional breadth of the pardon power and the institutional difficulty of transforming irregular or political clemency into criminal liability. The pardon power is described as “one of the most unlimited powers” conferred on the presidency, creating a high bar for criminalizing clemency decisions [5] [2]. Sources document partisan critique and ethics inquiries but do not identify a pathway that has produced a criminal indictment of a president for exchanging pardons for money or political favors in U.S. history (available sources do not mention a criminal indictment of a president for selling pardons) [1] [2].
4. Analogues and warning signs reporters and scholars cite
While not criminal precedents, several episodes are invoked as cautionary analogues: Caspar Weinberger’s pardon under George H. W. Bush, bill‑of‑partisan or loyalty‑based mass pardons in recent administrations, and cases where presidents bypassed traditional pardon‑review offices. These episodes are treated as institutional red flags that raise conflict‑of‑interest concerns and invite Congressional oversight and litigation rather than criminal charges [1] [5] [4].
5. Political remedies and accountability mechanisms that have occurred
When clemency sparks outrage, the usual responses in the record are political and administrative: media scrutiny, congressional oversight, resignations or firings of pardon‑process officials, and public debate about norms [7] [5]. For example, reporting shows the firing and replacement of pardon‑office officials and public testimony criticizing partisan influence — remedies short of criminal prosecution documented in these sources [5] [2].
6. What the sources say — and what they don’t
The sources document extensive use and abuse allegations around pardons in 2025, including sweeping pardons tied to political loyalty and preemptive family pardons, and they record scholarly comparisons to past controversial pardons [6] [1] [3]. None of the provided reporting, however, identifies an actual indictment of a president or ex‑president for selling pardons; they discuss political fallout, legal scholars’ disagreement over norms, and the constitutional breadth of the clemency power (available sources do not mention an indictment for selling pardons) [2] [1].
Limitations: this analysis relies strictly on the supplied reporting; other historical or legal scholarship beyond these sources may discuss additional episodes or theories not covered here.