The Power of States to Prosecute Pardon Cases

President Trump recently granted another pardon, this time to Stephen Buyer, a former congressman from Indiana convicted of insider trading in 2023. There is concern over the numerous wealthy and well-connected individuals receiving pardons, often after substantial financial support for Trump’s re-election campaign or through lobbying efforts.

Many perceive that Trump’s connections may receive preferential treatment, leading to questions about the fairness of his pardon power. Although a federal pardon seems final due to its discretionary nature, states have a pathway to address these concerns. They can pursue charges as long as the actions contravene state law, unaffected by federal pardons.

A notable example is Joseph Schwartz, who in 2024 admitted to federal tax crimes linked to a fraudulent nursing home operation. Following a pardon from Trump, the Arkansas attorney general, Tim Griffin, required Schwartz to serve time in state prison under state convictions and to pay over $1 million in restitution and fees.

Schwartz’s business activities extended beyond Arkansas, indicating a need for accountability in other states. Similarly, Trevor Milton, convicted in 2022 of investor fraud in his electric truck company, Nikola, received a pardon in 2025. His company’s Arizona base suggests the potential for state fraud prosecutions, possibly with assistance from other states.