As calls for a pardon for former Minneapolis police officer Derek Chauvin are growing in right-wing circles, the real question: is it even possible?
The short answer: not quite.
Since March, right-wing conservatives have been calling for President Donald Trump to extend clemency for Chauvin’s convictions related to the 2020 murder of George Floyd. Less than two months into Trump’s second term, he has granted clemency through executive orders more frequently than any other president. And as the fifth-year anniversary of Floyd’s murder nears and those rumors continue to grow of Chauvin’s transfer out of federal prison, elected officials in Minnesota are gearing up for civil unrest.
Even if a pardon for his federal conviction was issued, it would not affect Chauvin’s murder case because the president has no jurisdiction over state criminal convictions. Trump does have the authority to pardon one of Chauvin’s convictions for violating the federal civil rights of Floyd.
“I think it behooves us to be prepared for it,” said Minnesota Gov. Tim Walz, in response to the possibility of Chauvin’s presidential pardon and return to state custody. “With this presidency, it seems like that might be something they would do.”
Decarceration and legal advocates have expressed concerns to Capital B in previous reporting that Trump’s selection process for pardon and commutation recipients from his first term, which includes celebrities and loyalists, could continue — it already has.
Floyd’s murder by police sparked a global racial and social justice movement, with weekslong protests erupting in multiple cities. In response, the Justice Department’s Civil Rights Division, then under former President Joe Biden’s administration, reopened investigations into the Minneapolis Police Department and other law enforcement agencies accused of misconduct. These investigations, which had been paused during Trump’s first term and thus far into his second, focused on allegations of systemic civil rights violations.
Ben Shapiro, Elon Musk, and other MAGA conservatives have downplayed the role of race in Floyd’s death since, dismissing the video evidence and condemning the jury’s verdict.
Keith Ellison, Minnesota’s attorney general, pushed back on calls for a pardon and called it “blatant disrespect” for Floyd’s family, The Hill previously reported.
“I hope that Donald Trump has enough humanity to recognize that releasing Derek Chauvin would cause untold injury to George Floyd’s family and the many, many people that feel vulnerable because they share experiences like the one George Floyd experienced.”
Capital B reached out to civil rights attorney Ben Crump, who represents the family, for a comment but has not heard back.
Why can’t Trump pardon Chauvin for murder?
Anyone with a federal or state criminal conviction can file a petition for clemency, but only after exhausting all available appeal options. This process can take several years before the appellate process raises to where a state’s Supreme Court decides whether to review the case. For state convictions, clemency petitions are typically submitted to the governor or, in some states, the parole board. The president, however, has no jurisdiction over state convictions — presidential clemency, including pardons and commutations, applies only to federal convictions and sentences.
Chauvin was convicted by a jury of second-degree murder and other charges and sentenced to 22.5 years in state prison. The former police officer placed his knee on Floyd’s neck for over nine minutes, causing his death. Three other officers who were present were also convicted and sentenced in federal and state courts.
In a separate federal case, Chauvin pleaded guilty to violating Floyd’s civil rights, as well as the civil rights of a 14-year-old boy in an unrelated 2017 case.
Chauvin’s federal plea deal resulted in a 21-year sentence, which he is serving concurrently with his state sentence.
In Chauvin’s state case, Walz would need to appeal for a commutation of his sentence for the murder of Floyd. Walz, who has served as Minnesota’s governor since 2019, was the running mate of former Vice President and Democratic presidential nominee Kamala Harris.
A gubernatorial commutation would not erase Chauvin’s conviction but could reduce his sentence, potentially to time served. Since his sentencing in June 2021, Chauvin has been incarcerated in state prison, and any commutation would require approval from the state’s Board of Pardons, which includes the governor, the attorney general, and the chief justice of the state’s Supreme Court.
Minneapolis became the epicenter of global protests after footage of Floyd’s murder went viral. In the aftermath, Walz faced criticism for his handling of police reform efforts in the state. Crump, who represented the families of Floyd, Ahmaud Arbery and Breonna Taylor, described Walz as a “concerned and compassionate leader” for a grieving community, the Associated Press reported.
In addition, Chauvin’s federal plea agreement and sentence covers both Floyd’s case and the 2017 case, making it unclear how much of the 21-year sentence applies to each. If Trump were to pardon the Floyd-related conviction, it’s uncertain how much time, if any, would be reduced from Chauvin’s overall sentence.
A pardon for federal charges in connection with Floyd’s death would only be symbolic — Chauvin would still have the federal conviction of depriving the teen of his rights on his record, and he would still have the state murder charges.
Why is Trump pardoning Chauvin trending again?
Months after Musk reshared a post by Shapiro on his social media platform, X, a video of Shapiro explaining why he thinks Chauvin should be pardoned for convictions related to the murder of Floyd, rumors began to swirl this week that Trump will grant his wish.
Shapiro’s post reached over 7 million followers and included a link to an online petition calling for Trump to “immediately issue a pardon.” Shapiro describes the conviction as “the defining achievement of the Woke movement in American politics.” The petition’s campaign description ends by thanking Trump for his “commitment to ending the weaponization of the American justice system.”
If Trump were to pardon Chauvin, his federal conviction would be removed from his criminal record. A presidential pardon would also bypass the standard legal process for seeking clemency, which typically requires incarcerated people like Chauvin to follow the appellate process if new evidence arises that could challenge the fairness of their conviction and then seek clemency.
Sources told KSTP that the Minnesota Department of Corrections is ready to take Chauvin into their custody to serve the remainder of his 22-and-a-half-year sentence at Oak Park Heights Prison.
A long-standing concern in holding police officers accountable is the potential hesitation to bring charges by prosecutors, who may fear a lack of conviction or backlash from the public and law enforcement. This concern could be heightened if a high-profile pardon, such as Chauvin’s, were to happen. Moreover, pardoning Chauvin for any of his convictions could create a chilling effect on prosecutors, making them hesitant to pursue charges against law enforcement officers accused of misconduct or violence.