The presidential pardon process has veered dangerously off course. Once a tool meant to serve justice and provide second chances, it now risks being seen as a mechanism to reward political allies. The system, as it stands, is broken—and presidential pardon reform is urgently needed.
A Power With Little Oversight
Article II, Section 2 of the U.S. Constitution grants the President the sole power to pardon individuals convicted of federal crimes. But in practice, how much is the President actually involved in reviewing those applications?
Recent events raise serious doubts.
Last week, President Trump accused his predecessor of relying on autopen signatures to issue pardons. He went further, suggesting that individuals within the Biden administration may have exercised pardon authority without President Biden’s knowledge. At the same time, high-level officials at the Department of Justice are pushing courts to interpret Trump’s January 6 pardons broadly—even though there’s no clear evidence that those pardons were formally granted by the President himself, as reported by Politico.
These incidents highlight just how opaque and unchecked the process has become.
The Trevor Milton Pardon: A Case Study in Politicization
In March 2025, President Trump issued a full and unconditional pardon to Trevor Milton, the founder and former CEO of Nikola Corporation. Milton had been convicted of securities and wire fraud and was sentenced to four years in prison in 2023. Just one year later, he received clemency.
The problem? Milton had donated more than $1.8 million to Trump’s 2024 fundraising committee.
Milton’s actions—misleading investors about Nikola’s electric truck technologies—caused widespread financial harm. Yet his political contributions seemingly bought him freedom, undermining public faith in the fairness of the justice system.
This case is not an anomaly. It’s part of a growing pattern that the Federal Practice Group has long warned about: the politicization of presidential pardons, where access and influence matter more than rehabilitation or merit.
More Evidence the Presidential Pardon Process Is Broken
Earlier this month, we highlighted on social media how the pardon system’s lack of transparency continues to fail deserving applicants. Since then, even more troubling revelations have emerged—making the call for presidential pardon reform even more urgent.
As Carol Thompson, a Deputy Managing Partner at Federal Practice Group, shared:
“Liz Oyer, the former Pardon Attorney, claims she was fired for declining to recommend restoration of gun rights for a famous Trump-supporting actor. If Liz Oyer is to be believed, then there is no doubt the Presidential pardon process is broken. We represent numerous clients—the typical ‘Average American’—seeking pardons for long-ago federal and military convictions; every factor supposedly considered by the Pardon Attorney for recommending approval has weighed in their favor. And yet, after years of their applications pending with the Pardon Attorney’s office, they’ve been denied without any explanation why. That is problematic. But on top of the opaque and broken Pardon Attorney’s review process, is the politicization of the Presidential pardon itself. This moment creates real opportunity for change; change that allows a fair and transparent process for all deserving pardon and clemency applicants.”
This isn’t about one case—it’s about fairness for all clemency applicants. When political connections outweigh demonstrated rehabilitation, it undermines the very purpose of the pardon. Reform is no longer optional—it’s necessary.
Why Reforming the Application Process Isn’t Enough
We’ve previously written about how the DOJ’s pardon application process is flawed—unnecessarily secretive, slow, and completely lacking in transparency. Creating a more open, structured process would certainly be a step in the right direction. (Read: Presidential Pardon Reform: Will the Firing of the Pardon Attorney Bring Change? – March 11 Blog Post)
But transparency alone will not fix this.
The Case for Federal Expungement Laws
If presidential pardons are no longer being used to correct injustices for the average American, then Congress must step in and provide another path: federal expungement.
Many states already have laws that allow individuals to expunge or seal their criminal records after demonstrating rehabilitation. These processes give everyday people—not just political donors—a chance to rebuild their lives. But at the federal level, no such comprehensive option exists.
It’s time for Congress to enact meaningful federal expungement legislation. Such laws would:
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Create a structured, fair process outside of presidential discretion
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Allow individuals to clear their records based on rehabilitation, not connections
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Restore public trust in a justice system that increasingly feels out of reach for many
Presidential Pardon Reform Starts With Accountability
The Trevor Milton pardon is not just controversial—it’s corrosive. It sends the message that justice is selective and that political access is the real currency in America’s legal system.
Presidential pardon reform is not just about changing a bureaucratic process. It’s about restoring trust, enforcing fairness, and ensuring that justice is applied equally—regardless of who you know or how much you donate.
Looking for Help With a Federal Pardon or Expungement?
Federal Practice Group has long advocated for transparency and fairness in the clemency process. Our attorneys assist clients in preparing strong pardon applications and continue to push for broader reforms that benefit all Americans—not just the politically connected.
Interested in legal support? Fill out our client intake form to schedule a consultation.
Let’s work together to move toward a more just and accountable system.