President Trump has issued a controversial pardon to Stephen Buyer, a former congressman convicted of insider trading in 2023. This action adds to a troubling pattern of pardoning wealthy individuals with connections to the President. Reports suggest large sums of money have been spent by these individuals to support his re-election or to gain clemency through influential figures.
Despite the broad discretion of the presidential pardon power, states have a viable solution. They can prosecute individuals who have been pardoned federally but who violated state laws. This is because states operate as separate sovereigns and can pursue cases the federal government chooses not to.
The case of Joseph Schwartz is instructive. In 2024, Schwartz pleaded guilty to federal tax crimes tied to fraudulent nursing home operations. He received a pardon from Trump in 2025. However, Arkansas continued its prosecution for Medicaid fraud and tax evasion under state law. The state required Schwartz to serve time in prison and imposed over $1 million in restitution and fees.
This concept applies broadly, as seen with Trevor Milton. Convicted in 2022 of defrauding investors in the electric truck company Nikola, Milton was pardoned by Trump in 2025. Arizona, where Nikola is based, could work with other states to prosecute Milton under state fraud laws.
Leave a Reply