Former federal prosecutor Glenn Kirschner said President Donald Trump could use his power to grant pardons to shield himself and close allies from potential legal trouble after leaving office. He argued that this clemency could prevent potential witnesses from cooperating with investigators.
Speaking on The Daily Beast Podcast, Kirschner noted it was “highly likely” the President would pardon those who might face pressure to testify against him or other members of his administration. He described this situation as a way to block accountability once Trump no longer has presidential protection.
Kirschner linked his argument to comments made years ago by Trump’s former attorney general, William Barr. During Barr’s 2019 confirmation hearing, he stated a President could not lawfully grant a pardon in return for a promise not to incriminate him, saying, “that would be a crime.” Barr later restated this position during House testimony when asked about pardons aimed at silencing a witness.
Kirschner said this standard could matter if Trump used clemency for people with direct knowledge of alleged wrongdoing. He listed officials like Homeland Security Secretary Kristi Noem and Attorney General Pam Bondi as examples of allies who might be involved in such discussions if future investigations target actions from the president’s second term.
Trump pardoned a billionaire fraudster shortly after he reported to prison—this guy stole from regular hardworking people, and his punishment was a few days in jail? If you’re rich and well-connected, Trump’s got your back. Everyone else gets to pound sand. pic.twitter.com/2sjd0F1isM
— Mike Nellis (@MikeNellis) December 1, 2025
These comments emerge as Trump’s approach to pardons has gained renewed attention. On his first day back in office in January 2025, the President granted broad clemency to about 1,500 individuals connected to the Jan. 6 Capitol attack. Most received full pardons, while others got commutations. Since resuming office, he has also issued clemency in various white-collar and politically charged cases.
Questions regarding Trump’s use of clemency have sharpened amid reports of a growing “pardon economy” in his administration. Earlier this month, federal prosecutors charged New York lawyer and lobbyist Joshua Nass with attempted extortion.
This case drew attention because Nass had previously lobbied for clemency on behalf of a recipient of a Trump pardon. Prosecutors have not indicated that the extortion case is directly linked to Trump’s pardon system, but this incident has fueled criticism of a process that opponents argue favors those with political connections.
Phillip: Donald Trump literally in the last week has pardoned or he commuted the sentence of an American fraudster. $1.7 billion worth of fraud. pic.twitter.com/t8Kleq6XOO
— Acyn (@Acyn) December 3, 2025
Additionally, Trump has promoted a broad interpretation of presidential clemency. In December 2025, he claimed he was “terminating” pardons signed by former President Joe Biden using an autopen. Legal scholars dismissed this assertion, stating there is no constitutional basis for a sitting president to invalidate a predecessor’s pardons on those grounds. At that time, Reuters reported that experts doubted Trump’s position would hold up in court.
Kirschner pointed out that the practical issue is that any questionable pardon would likely have to be challenged only after it is granted and evaluated in court. This means a pardon aimed at protecting a witness or a political ally could still delay or complicate investigations into actions that emerge after Trump leaves the White House. He argued that the danger lies not only in the legal impact of the pardon itself but also in the message it sends to people who might otherwise work with prosecutors.
Trump has consistently denied any wrongdoing in the criminal and civil cases against him, and the White House has countered the podcast’s claims.
