Trump vs. Senate: Why the Decision to Pardon SBF Remains with the President
The U.S. Senate has passed a resolution condemning any possibility of pardoning Sam Bankman-Fried. However, contrary to loud statements, this vote has no legal force. Donald Trump, as the sitting president, retains full constitutional authority to grant pardons — and here is why.
Article II, Section 2 of the U.S. Constitution grants the president nearly unlimited powers in matters of pardons. This right extends to all convicted individuals, except in cases of impeachment. The Senate resolution, while reflecting political will, cannot alter constitutional norms. The U.S. Supreme Court confirmed as early as 1866 in the case "Ex parte Garland" that Congress cannot restrict presidential pardons.
Unity of Democrats and Republicans — but without force
Senators unanimously supported Resolution S. Res. 772, introduced by Cynthia Lummis and Ruben Gallego — key figures on the digital assets subcommittee. The document states that Bankman-Fried should under no circumstances receive either a pardon or a commutation of sentence. The trigger was an official request for a pardon from the FTX founder, submitted in 2026 to the pardon office at the U.S. Department of Justice. There has been no response yet.
Lummis stated: "He had his day in court. The jury did not believe in his innocence, and the judge imposed 25 years for a reason. Mr. Bankman-Fried may try to seek a pardon, but I am not going to help him evade accountability." However, these words are merely a political stance, not a legal barrier.
Why the Senate is powerless
Even a unanimous position from the upper chamber does not create new legal restrictions for the president. A resolution is a tool of political pressure, but not a law. Trump has already pardoned Changpeng Zhao and Ross Ulbricht, demonstrating his willingness to intervene in crypto industry matters. The president himself has not yet signaled any intention to commute SBF's sentence, but has not ruled out the possibility either.
Expert commentary from Cryptalist: The situation surrounding Bankman-Fried is a vivid example of how political will clashes with constitutional norms. The market must understand: despite the noise in the Senate, the decision rests with the White House. If Trump decides to pardon SBF, it would set a precedent that could change attitudes toward accountability in the crypto industry. For now, investors should watch for signals from the presidential administration — that is where the final decision will be made.