States Should Prosecute Recipients of Trump's Corrupt Presidential Pardons
Source: https://www.nytimes.com/by/tim-wu. "Opinion | The States Should Override Trump’s Indefensible Pardons - The New York Times." June 15, 2026. www.nytimes.com
The Gist
When Trump pardons his wealthy friends and donors who committed crimes, states should step in and prosecute them under state laws since federal pardons don't protect against state charges. This would show that no one is above the law, even if the president thinks his allies should be.
Conclusion
States should collectively prosecute individuals who received undeserving presidential pardons from Trump to uphold the rule of law
Premises
- Trump has issued indefensible pardons to wealthy, well-connected felons who paid for access or supported his campaigns
- States have sovereign power to prosecute crimes under state law, and federal pardons do not affect state prosecutions
- Successful precedents exist, such as Arkansas prosecuting Joseph Schwartz for state crimes after his federal pardon
- States can work collectively to pool resources and expertise, as demonstrated in antitrust and consumer protection cases
- Trump's corrupt pardons undermine the rule of law by sending the message that laws don't apply to his allies
- The deterrent effect of law is weakened when people believe pardons can be bought or lobbied for
- States have a duty to protect the rule of law when the federal government fails to do so
Assumptions
- Trump's pardons are genuinely corrupt and undeserving rather than legitimate exercises of clemency
- The same conduct that violated federal law also violates state laws in relevant jurisdictions
- States have sufficient resources and political will to pursue these prosecutions
- Collective state action would be more effective than individual state efforts
- The rule of law requires consistent enforcement regardless of political connections