Updates on a Potential Federal Pardon of Derek Chauvin by Donald Trump
As of May 14, city and state-level leaders of Minneapolis and Minnesota are taking the possibility of President Trump pardoning Derek Chauvin seriously enough to prepare for it.
Preparation, according to 5 Eyewitness News (KSTP), includes readying transportation to move Chauvin from a federal prison in Texas to Oak Park Heights Prison in Minnesota to serve his remaining 22 years for state-level convictions. Preparation also includes briefing Hennepin County Sheriff Dawanna Witt on “possible civil unrest.”
What Happens If President Trump Federally Pardons Derek Chauvin?
Presidential pardons do carry legal consequences — freedom from federal legal consequences. In the case of Derek Chauvin, a pardon would not release him from the 22 years he still has to serve for state-level convictions in Minnesota. Chauvin’s state and federal convictions are running at the same time as opposed to adding onto each other, meaning a federal pardon does not decrease the actual time he will serve.
The symbolism, however, may be enough to set Minneapolis off.
How Are President Trump, Derek Chauvin, and Habeas Corpus Connected?
Much of President Trump’s second term has been marked by assertions of power. Among them include the empowerment of US Immigration and Customs Enforcement (ICE). President Trump’s empowerment of law enforcement at the federal level seems poised to continue into the state and municipal level.
The same KSTP report cited in the previous section claims sources are “almost certain” the US Department of Justice (DOJ) will file a petition to the US District Court of Minnesota to end the federal consent decree MPD was supposed to abide by after being found guilty of engaging in systematically racist and abusive practices. This means MPD would be free of federal reform guidelines it was forced to follow after the DOJ’s findings.
While the state-level consent decree is still in play, the possible release from the federal-level consequence would signal White House support for MPD with little to no reform. In simpler terms, a thumbs-up to MPD for its human rights abuses from the country’s highest power.
When asked about the conservative political push led by advocates such as Ben Shapiro to pardon Derek Chauvin, Minnesota Attorney General Keith Ellison voiced his belief that it would be a ploy to “agitate and outrage people.”
The potential outrage as a result of such a move would have political value for the Trump administration, especially as it relates to his vocal criticism of habeas corpus, one of the USA’s most crucial legal principles.
What is Habeas Corpus?
Habeas corpus is a legal principle that ensures no one is detained illegally. Specifically, a “writ” of habeas corpus is an order from a judge for a detained person and their “custodian” (e.g. jailer, warden) to come to court and figure out if the arrest was lawful.
On May 9th, White House Chief of Staff Stephen Miller said President Trump is “actively looking” at suspending habeas corpus. Why? To respond to illegal immigration, framing such migration as an “invasion” in order to justify the indefinite pause on a US constitutional right.
Pausing or removing habeas corpus would impact all US citizens. For however long the right was suspended, any American can be detained by law enforcement illegally and with no power to have their arrest considered by a judge.
How Trump May Use a Derek Chauvin Pardon To Validate His Attack on Habeas Corpus
Any Minnesotan who showed up to protest the potential federal pardon of Derek Chauvin could be treated like Aditya Harsono.
Harsono is an Indonesian immigrant in Marshall, MN who was arrested by ICE four days after his visa was revoked in March 2025. His attorney believes it was retaliation for his participation in a Daunte Wright protest in 2021 that landed him a misdemeanor for property damage and a dismissed citation.
In summary, the alleged justification for Minnesota resident Harsono’s arrest was a four-year-old closed case related to protesting law enforcement. He has since been released after two months in jail.
If habeas corpus was suspended, the volume of such arrests would make it difficult to publicize cases the way Harsono’s case was. Beyond the inequities of the bail system, suspension of that essential right would create the conditions for thousands of people across the nation to be jailed for no legal reason and with no defense against it.
Looking Forward
Even brief stints in jail ruin people’s lives. What purpose does the suspension of habeas corpus serve in the land of the free?
In the event of a presidential pardon of Derek Chauvin, Minneapolis citizens and political leaders may find protesting in support of habeas corpus and/or the DOJ consent decree with MPD is more fruitful than pure outrage over the Chauvin gesture.
This is a developing story
