The Lawfare Podcast Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration
Feb 27, 2026
Lee Kovarsky, an endowed chair professor at UT Law and constitutional scholar, discusses his research on 'patronage pardons.' He defines pardons that reward or induce supporters' criminality. He contrasts traditional clemency with transactional, public pardons, explores real-world examples, and considers legal and prosecutorial responses without offering policy prescriptions.
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Patronage Pardons Create A Loyalty For Impunity
- Patronage pardons are pardons that both spare recipients and signal to potential loyalists that criminality on the president's behalf will be rewarded.
- Lee Kovarsky calls this a protection-racket style exchange that induces misconduct by promising impunity.
Joe Arpaio Pardon Signaled Border Enforcement Immunity
- Lee Kovarsky points to Trump’s first pardon for Joe Arpaio as an early public signal approving contempt of court and harsh border enforcement.
- Arpaio had been found in criminal contempt for violating an order to stop harassing Hispanic individuals, and the pardon telegraphed protection for similar conduct.
Libby Pardons Served As A Message During Mueller Probe
- Kovarsky uses the Scooter Libby commutation (and later Trump’s full pardon) as an example of signaling to allies during the Mueller probe.
- Bush commuted Libby; Trump later fully pardoned him mid-investigation to tell allies they would be protected.