Rep. Marjorie Taylor Greene’s push to commute George Santos’ seven-year fraud sentence is notable both for what it says and what it doesn’t say.
Here are five takeaways and questions from the Georgia Republican’s letter seeking mercy for the former GOP House member, who reported to prison just a couple weeks ago:
This is criminal justice in the Trump era
Presidents have always had the vast power to issue pardons and commute (i.e., reduce) sentences. They have caused occasional controversies in their use and arguable abuse of that power throughout history.
But it’s a new dynamic with Donald Trump in the White House. He has routinely exercised the power to reward allies, to the point where it would almost be unusual for there not to be speculation about whether he will help a Republican, vocal supporter or potential ally avoid criminal consequences, regardless of the underlying facts of the case.
Greene’s push comes amid speculation over whether Trump will grant clemency to Ghislaine Maxwell or Sean “Diddy” Combs.
Santos, who was previously expelled from the U.S. House of Representatives, pleaded guilty last year to wire fraud and aggravated identity theft. The U.S. Attorney for the Eastern District of New York at the time said that “for what may seem like the first time since he started his campaign for Congress, Mr. Santos told the truth about his criminal schemes. He admitted to lying, stealing and conning people.” The judge denounced his “flagrant thievery” when she imposed the 87-month sentence in April.
Ed Martin holds an important government position
Before getting to the substance of Greene’s letter, its addressee stands out (as, of course, does the fact that the sender is somehow a member of Congress).
Recall that Martin was only available to hold the position of pardon attorney after he was effectively deemed too extreme by the Republican-controlled Senate for the position of U.S. attorney in Washington, D.C.; notwithstanding that rejection, Martin still occupies a powerful position on matters of crime and punishment in the nation’s capital.
“No MAGA left behind,” Martin tweeted in May, in connection with Trump’s pardon of former Virginia sheriff Scott Jenkins, who was sentenced to 10 years for bribery in what the government described as a “cash-for-badges scheme.”
Will Martin likewise recommend saving the latest MAGA soldier from the consequences of his actions?
Greene seeks a commutation, not a pardon
Given how many pardons Trump has doled out, it is noteworthy that Greene doesn’t seek that ultimate vindication for her congressional comrade.
Rather, she seeks a sentence reduction (presidents can give both pardons and commutations, so it doesn’t have to be either/or). At first blush, that would seem to lend an air of relative reasonableness to her request, but… While insisting that she understands “the gravity” of Santos’ actions and that “his crimes warrant punishment,” Greene argues to Martin that 87 months is “far beyond what is warranted.” That raises a question that Greene doesn’t answer: How much is warranted? Finally, in perhaps the most MTG-esque aspect of her letter, the congresswoman attempts to justify relief for Santos by writing that many of her colleagues “have committed far worse offenses than Mr. Santos yet have faced zero criminal charges.” Greene doesn’t give examples or flesh out why that dramatic, vague claim should spring Santos early from prison for his own admitted fraud. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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What is she asking for, exactly?
What unspecified crimes have her colleagues allegedly committed?
