The Senate opposes, but the Constitution supports: why Trump can pardon Sam Bankman-Fried
The U.S. Senate has passed a resolution condemning a possible pardon for Sam Bankman-Fried, the founder of the collapsed FTX exchange. However, this step is purely political in nature — it has no legal force. President Donald Trump, if he wishes, can ignore the opinion of the upper chamber, relying on the Constitution.
Political Unity Against SBF
Resolution S. Res. 772 was introduced by Senators Cynthia Lummis and Ruben Gallego, who chair the Subcommittee on Digital Assets. The document was adopted unanimously. It states that Bankman-Fried should under no circumstances receive either a pardon or a commutation of sentence.
The reason was an official request from the former FTX head himself. In 2026, he filed an application with the Office of the Pardon Attorney at the U.S. Department of Justice. In the request, Bankman-Fried asks for a pardon after serving his sentence, but no response has been received yet.
Lummis emphasized in an official statement: "He spent billions of FTX clients' money on a lavish lifestyle, and now he wants to avoid accountability. The jury did not believe in his innocence, and the judge imposed 25 years for a reason. He may try to get a pardon he doesn't deserve, but I'm not going to help him."
Why the Senate is Powerless
Despite the Senate's unanimous position, the resolution does not limit the president's powers. This is purely a matter of the U.S. Constitution. Article II, Section 2, Clause 1 gives the president the right to pardon any convicted person, except in cases of impeachment. The Supreme Court ruled as early as 1866 in the case "Ex parte Garland": "Congress cannot limit the president's pardons or exclude any category of convicted persons from this right."
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, it is worth noting that Trump has already pardoned other major figures from the crypto industry — Changpeng Zhao (Binance) and Ross Ulbricht (Silk Road). Now, all responsibility for the decision lies with the White House.
Expert opinion: The Senate resolution is a loud political gesture, but nothing more. The question of pardoning SBF remains solely at the president's discretion. In the coming months, we will see how far the trend of pardoning crypto figures goes. The market is closely watching this signal: if Trump decides to pardon Bankman-Fried, it could seriously impact the perception of the regulatory climate in the U.S.