Can Trump Pardon Lindsay Clancy? Why Her Lawyer Asked the President to Intervene After Mistrial

Lindsay Clancy's attorney has publicly asked President Donald Trump to consider pardoning his client, days after her murder trial ended in a mistrial following a deadlocked jury. Defense attorney Kevin Reddington appealed during an interview on Good Morning America on Tuesday, asking Trump to consider Clancy's circumstances and what she had experienced before the deaths of her three children. But there is a major legal question surrounding the request: Can Donald Trump actually pardon Lindsay Clancy? Clancy's case was prosecuted in Massachusetts state court, rather than federal court. Under the U.S. Constitution, the president's pardon power generally extends only to federal offenses, meaning Trump's ability to intervene directly in the case is highly limited. "Mr. President, I would hope that you would consider this young lady, the type of person she is, what she's been through, and consider a pardon," Reddington said during the ABC interview. The attorney has maintained that Clancy was suffering from severe postpartum mental illness when her three children died in January 2023. Prosecutors disputed that argument and maintained that the killings were deliberate. The jury ultimately failed to reach a unanimous verdict after more than a week of deliberations. Following the mistrial, Donald Trump reacted, saying, "It's a terrible situation," Trump said Sept. 4 during an Oval Office event. "Look, she did a horrible, horrible thing. Can't be worse. But you'll find out what the price to pay is, there'll be a price." Can Donald Trump Pardon Lindsay Clancy? The president's constitutional pardon power applies to offenses against the United States, that is, federal crimes. Clancy's prosecution is a Massachusetts state case, so Trump does not have the normal presidential authority to pardon her. Reuters noted that the unusual request comes despite that distinction. Trump has nevertheless taken a broad view of his clemency powers in some previous cases involving state convictions, making the issue particularly unusual. A presidential pardon would therefore not simply erase Clancy's Massachusetts murder charges. Any clemency authority over a Massachusetts state prosecution would ordinarily belong to state authorities rather than the White House. What Does a Mistrial Mean for Lindsay Clancy? A mistrial does not mean Clancy was found not guilty. It means the jury failed to reach the unanimous verdict required to resolve the case. The charges therefore remain unresolved, and prosecutors can potentially seek a new trial. Plymouth County prosecutors have not yet announced a final decision on whether they will retry Clancy. A hearing is scheduled for Sept. 29, when the next steps in the case can be addressed. A retrial is not the only possible outcome. The defense has also indicated that it is willing to discuss a possible agreement with prosecutors. Clancy currently remains in custody at Tewksbury State Hospital while the legal process continues.