There is a difference between a presidential pardon and California’s early inmate release program.
Ideally, both should be based on fairness and methodical deliberation. California prisons are experiencing a significant rise in COVID-19 cases. The stated purpose of Gov. Gavin Newsom’s plan for early release of nonviolent inmates is to promote safety. That is, to create more space for social distancing and the ability to quarantine within the prison. Only prisoners with a year or less to serve and who have not been convicted of violent felonies or sex crimes are eligible for early release, and Newsom has stressed that the program is part of “a very methodical process.”
President Donald Trump’s use of the pardon power is not methodical or fair. News reports confirm that he does not rely on the Office of Pardons within the Justice Department for input. Instead, Trump turns to political allies and cronies. For instance, Roger Stone was convicted of lying to Congress and refused to implicate the president. One could conclude that Trump’s commutation of Stone’s prison sentence was a reward for such loyalty. Trump’s use of the pardon power has nothing to do with safety.
Early release of eligible inmates and presidential pardons are also inherently different. Pardons absolve felons of the ramifications of their convictions. No more restrictions on gun ownership, voting, or eligibility to serve on a jury. Newsom’s program has no such effect. It is not based on cronyism.