Donald Trump would have to pardon David Petraeus before nominating him for secretary of state


Retired Gen. David Petraeus is reportedly one of four or five finalists President-elect Donald Trump is considering for secretary of state. He is also on probation for mishandling classified information, including sharing it with his biographer-mistress. Under the terms of his probation, Petraeus "shall not leave the Western District of North Carolina without the permission of the Court or probation officer," though he can travel for work "as approved by U.S. probation office." He would also have to notify his probation officer "within 72 hours of any change in residence or employment," which would seem to be easy enough if he accepts the secretary of state position.
On the other hand, having to inform a probation officer of your movements would be a huge pain for a secretary of state, a job that involves a lot of work-related travel. Also, Petraeus agreed to warrantless searches of his home, office, person, and computers and other electronic devices, which would be really problematic. Still, Petraeus' probation only lasts until April 23, 2017, and Trump could presumably shorten that further with a quick presidential pardon.
In fact, according to Fox News legal analyst Andrew Napolitano, Trump would have to pardon Petraeus anyway. "At the time of his guilty plea, he admitted to taking federal government property," Napolitano said Tuesday on Fox News. "That would bar him from holding a federal office." Presidents usually pardon people at the end of their terms, "because these pardons are often controversial, and they don't want to live with the controversy," he added. "Something tells me Donald Trump doesn't care about the controversy."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
DOJ indicts John Bolton over classified files
Speed Read Continuing the trend of going after his political enemies, Trump prosecutes his former national security adviser
-
Trump, Putin set summit as Zelenskyy lands in DC
Speed Read Trump and Putin have agreed to meet in Budapest soon to discuss ending the war in Ukraine
-
Doctors sound the alarm about insurance company ‘downcoding’
The Explainer ‘It’s blatantly disrespectful,’ one doctor said
-
DOJ indicts John Bolton over classified files
Speed Read Continuing the trend of going after his political enemies, Trump prosecutes his former national security adviser
-
Trump, Putin set summit as Zelenskyy lands in DC
Speed Read Trump and Putin have agreed to meet in Budapest soon to discuss ending the war in Ukraine
-
Courts deal setbacks to Trump’s Chicago operations
Speed Read President Donald Trump cannot deploy the National Guard in Illinois
-
Pentagon reporters turn in badges after refusing rules
Speed Read They refused to sign a restrictive new press policy imposed by Defense Secretary Pete Hegseth
-
Supreme Court points to gutting Voting Rights Act
speed read States would no longer be required to consider race when drawing congressional maps
-
Trump says he authorized covert CIA ops in Venezuela
Speed Read He is also considering military strikes inside the country
-
‘Vile, racist’ leaked chats roil Young Republicans
Speed Read Leaders of Young Republican groups made racist, antisemitic and violent comments in private chats
-
Trump ties $20B Argentina bailout to Milei votes
speed read Trump will boost Argentina’s economy — if the country’s right-wing president wins upcoming elections