The Fox News pardon pipeline

The Fox News pardon pipeline

Blog ››› ››› MATT GERTZ


Sarah Wasko / Media Matters

Hours after the U.S. Supreme Court rejected former Gov. Rod Blagojevich’s plea to overturn his 2010 criminal conviction and 14-year prison sentence on charges related to political corruption, his wife Patti Blagojevich appealed to a higher authority: Fox News.

“If you could speak to the president, what would you say?” Fox host Tucker Carlson asked at the top of a sympathetic Monday night interview with her. “What would be your pitch to pardoning your husband?” As she explained why she thought the former governor deserved clemency for charges that he tried to sell off President Barack Obama's former U.S. Senate seat, the caption "Will Trump intervene in Blagojevich case?" flashed across the screen.

President Donald Trump himself, who spends hours each day consuming his favorite news network, may have been watching -- a spokesperson for Patti Blagojevich said she hopes he saw the segment. Even if he hasn’t personally seen it, the appeal may find favor with one of the network hosts or regulars whom Trump regularly consults.

Appealing for presidential relief on Fox is a sound strategy, and one that more lawyers will likely attempt in the years to come. At this point in his presidency, all three of Trump’s pardons have had a Fox connection, and each avoided the standard, complex Justice Department procedures.

With Trump largely ignoring the Office of the Pardon Attorney, the best path to clemency is getting the president’s attention. And no one has the president’s attention quite like the programs and staffers at Fox.

Trump’s first pardon went to Joe Arpaio, the former Maricopa County sheriff notorious to most for the brutal, humiliating treatment undocumented immigrants suffered under his authority and his refusal to stop racially profiling the Latino community.

But on Fox, Arpaio was a folk hero, the lawman who took undocumented immigration and the border seriously. The president likely had that image in mind when he issued the pardon with a statement praising Arpaio’s “life's work of protecting the public from the scourges of crime and illegal immigration.”

A Fox regular may have given Trump the idea in the first place. It was Gregg Jarrett, a Fox legal analyst and Trump sycophant, who broke the news that Trump was thinking about pardoning Arpaio, saying they discussed it at the president’s Bedminster, NJ, golf club. Jarrett, who clearly supported an Arpaio pardon, didn’t say who first raised the idea. For his part, Arpaio credits the work of pro-Trump conspiracy theorist Alex Jones for the pardon; Jones, in turn, has said Fox host Sean Hannity was involved.

Kristian Saucier, a former Navy sailor who pleaded guilty to one count of unauthorized possession and retention of national defense information, was the second recipient of a Trump pardon.

Saucier’s lawyer specifically attributed the pardon to a Fox-centric strategy that included getting Saucier on Fox & Friends, the president’s favorite program and one he frequently live-tweets.

I. Lewis “Scooter” Libby, a former White House aide, recently received the third pardon, which was widely perceived as a way for Trump to signal that pardons might be available to witnesses who don’t cooperate with the Russia probe.

Here, too, Fox appears to have played a key role. Libby’s lawyer is Victoria Toensing, the Republican attorney who uses frequent Fox appearances to defend Trump from the Russia investigation and had been in talks earlier in the year to join the president’s legal team. She “declined to say what conversations she had with the White House about Libby in recent days and weeks” in a Washington Post interview after the pardon was announced.

A president’s tenure typically includes a few controversial pardons that critics say were political. But under Trump, every single pardon has been of that sort, without the usual mix of ordinary citizens who served their time and appealed to the Justice Department.

Criminal defendants and prisoners who lack resources and who don’t count professional political operatives among their friends -- like the nonviolent drug offenders who received pardons from President Barack Obama -- may be out of luck.

Attorneys and applicants will likely draw lessons from the unusual way Trump has wielded the pardon power.

Pardon seekers are more likely to be successful if they have some sort of connection to conservative politics, either as a politician like Arpaio, a cause célèbre like Saucier, or an operative like Libby.

Trump has loudly proclaimed himself the victim of a political prosecution, and he seems more likely to respond to people making the same case.

Hiring a lawyer with connections to the president has always been good advice. But under this administration, those connections may well be driven by the lawyer’s willingness and ability to shill for the president on television.

And, of course, get on Fox if you can, and have your spouse or lawyer do it if you can’t. Thanks to the president’s obsession with the network’s programming, he may be watching.

Even if Trump doesn’t see your segment, someone who has the president’s ear may.

“On a show just before we were talking about the former governor of Illinois,” the lawyer Alan Dershowitz said on Hannity Monday, just minutes after Patti Blagojevich’s interview. “Gets 14 years in prison for what people do every single day in state legislatures all over the country, and yet we prosecute him and throw the book at him.”

Last week, Dershowitz had dinner at the White House with Trump, a reward for making the president’s case on television. Next time he has that opportunity, perhaps he’ll suggest that the president fix a miscarriage of justice and offer Rod Blagojevich a pardon.

The Fox pardon pipeline will be back in action.

UPDATE: In addition to the three Trump pardons, the sole person to receive a Trump commutation also has a Fox tie.

On December 20, Trump granted clemency to Sholom Rubashkin and ordered his release. Rubashkin had so far served eight years of his 27-year sentence on dozens of charges of financial fraud. Observers were puzzled by Trump’s decision to free him, noting that leniency for the owner of a meatpacking plant that had been the target of a huge immigration raid was at odds with Trump’s generally harsh stance on undocumented immigration.

Rubashkin had one advantage, though -- his lawyer was Alan Dershowitz. Dershowitz had been working on the case for five years and told The New York Times that he had personally asked Trump to consider commutation.

According to Forward, Dershowitz brought up Rubashkin during a meeting with the president to discuss the Middle East peace process in fall 2017. August of that year saw the publication of Dershowitz’s latest book, which argues that the Russia probe is the result of the “criminalization of political differences” and highlights his Fox & Friends appearances in publicity materials. He regularly made the same arguments on Fox in the months and weeks leading up to the pardon.

On December 4, a few weeks before Trump issued the commutation, the president flagged one such Dershowitz appearance on his Twitter account:

Network/Outlet
Fox News
Person
Joe Arpaio, Sean Hannity, Tucker Carlson
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