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.
-
Heavenly spectacle in the wilds of CanadaThe Week Recommends ‘Mind-bending’ outpost for spotting animals – and the northern lights
-
Facial recognition: a revolution in policingTalking Point All 43 police forces in England and Wales are set to be granted access, with those against calling for increasing safeguards on the technology
-
Codeword: December 14, 2025The daily codeword puzzle from The Week
-
Senate votes down ACA subsidies, GOP alternativeSpeed Read The Senate rejected the extension of Affordable Care Act tax credits, guaranteeing a steep rise in health care costs for millions of Americans
-
Abrego García freed from jail on judge’s orderSpeed Read The wrongfully deported man has been released from an ICE detention center
-
Indiana Senate rejects Trump’s gerrymander pushSpeed Read The proposed gerrymander would have likely flipped the state’s two Democratic-held US House seats
-
Democrat files to impeach RFK Jr.Speed Read Rep. Haley Stevens filed articles of impeachment against Health and Human Services Secretary Robert F. Kennedy Jr.
-
$1M ‘Trump Gold Card’ goes live amid travel rule furorSpeed Read The new gold card visa offers an expedited path to citizenship in exchange for $1 million
-
US seizes oil tanker off VenezuelaSpeed Read The seizure was a significant escalation in the pressure campaign against Venezuelan President Nicolás Maduro
-
Judge orders release of Ghislaine Maxwell recordsSpeed Read The grand jury records from the 2019 prosecution of convicted sex offender Jeffrey Epstein will be made public
-
Miami elects first Democratic mayor in 28 yearsSpeed Read Eileen Higgins, Miami’s first woman mayor, focused on affordability and Trump’s immigration crackdown in her campaign
