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."
Subscribe to 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.
-
The best shows to see at Edinburgh Fringe 2025
The Week Recommends The world's biggest arts festival is back with an incredible line-up
-
Wonsan-Kalma: North Korea's new 'mammoth' beach resort
Under the Radar Pyongyang wants to boost tourism but there won't be many foreign visitors to Kim Jong Un's 'pet project'
-
The 5 best TV reboots of all time
The Week Recommends Finding an entirely new cast to play beloved characters is harder than it looks
-
AI scammer fakes Rubio messages to top officials
Speed Read The unknown individual mimicked Rubio in voice and text messages sent to multiple government officials
-
SCOTUS greenlights Trump's federal firings
speed read The Trump administration can conduct mass federal firings without Congress' permission, the Supreme Court ruled
-
New tariffs set on 14 trading partners
Speed Read A new slate of tariffs will begin August 1 on imports from Japan, South Korea, Thailand and more
-
Elon Musk launching 'America Party'
Speed Read The tech mogul promised to form a new political party if Trump's megabill passed Congress
-
Judge blocks Trump's asylum ban at US border
Speed Read The president violated federal law by shutting down the US-Mexico border to asylum seekers, said the ruling
-
Thai court suspends prime minister over leaked call
Speed Read Prime Minister Paetongtarn Shinawatra has been suspended, pending an ethics investigation
-
Senate passes GOP megabill after Alaska side deal
The pivotal yes vote came from Sen. Lisa Murkowski, whose support was secured following negotiated side deals for her home state Alaska
-
Trump sues LA over immigration policies
Speed Read He is suing over the city's sanctuary law, claiming it prevents local law enforcement from cooperating with federal immigration authorities