The Senate opposes the pardon of SBF: why Trump might still grant amnesty
The U.S. Senate unanimously passed a resolution condemning any potential pardon of Sam Bankman-Fried (SBF), the founder of the collapsed FTX exchange. However, as my analysis of the legal framework shows, this vote is nothing more than a political gesture with no binding force on the president.
The law here is unequivocal: the presidential pardon power, enshrined in Article II, Section 2 of the U.S. Constitution, is virtually absolute. No Senate resolution, even a unanimous one, can limit or overturn it. This is a fundamental principle of separation of powers, repeatedly affirmed by the Supreme Court, starting with the case of "Ex parte Garland" in 1866.
Political Pressure vs. Constitutional Right
Resolution S. Res. 772, introduced by Senators Cynthia Lummis and Ruben Gallego, merely expresses the lawmakers' stance. The document states that SBF "should under no circumstances receive a pardon or commutation of sentence." The trigger was Bankman-Fried's formal request for a pardon, submitted in 2026 to the Department of Justice. He is seeking clemency after serving his sentence, but no response has been given yet.
Senator Lummis, commenting on the situation, stated that SBF "spent billions of FTX clients' money on a lavish lifestyle" and is now trying to avoid accountability. She emphasized that she has no intention of helping him escape the consequences. However, her position, like that of the entire Senate, does not create any legal obstacles for the president.
Precedents and the Future of the Crypto Industry
Donald Trump has not yet signaled a willingness to pardon Bankman-Fried. Moreover, he previously stated that he does not plan to commute the sentence of the former FTX head. However, the president has already shown a tendency to pardon key figures in the crypto industry: he granted clemency to Changpeng Zhao (Binance) and Ross Ulbricht (Silk Road).
Thus, the entire responsibility for the decision lies with the White House. The Senate resolution has increased political pressure but has not created any new legal restrictions. In the coming months, we will see how far the trend of pardoning crypto figures extends. From my perspective, this is a signal that the regulatory environment in the U.S. may become more flexible for key players, but for now, it remains a political game rather than a change in the law.