Lindsay Clancy’s Lawyer Asked Trump for a Pardon He Had No Power to Grant

Lindsay Clancy’s defense lawyer asked President Donald Trump to pardon her after her Massachusetts murder trial ended in a mistrial, even though presidential pardon power does not extend to the state murder charges against her.

Attorney Kevin Reddington made the appeal Tuesday on ABC’s “Good Morning America,” asking Trump to consider Clancy, her circumstances, and what she has endured since the January 2023 deaths of her three children.

A spokesman for Reddington later confirmed that the lawyer knew Trump could not legally pardon Clancy. The request, he said, was intended as a broader appeal for mercy and could put pressure on Massachusetts officials as they decide what happens next.

Clancy, 36, faces three counts of first-degree murder in Plymouth County Superior Court over the deaths of her children, Cora, 5, Dawson, 3, and Callan, 8 months, at the family’s Duxbury home.

The legal limit on Trump’s authority is straightforward. Article II of the U.S. Constitution gives presidents power to pardon federal offenses. Clancy is being prosecuted under Massachusetts law, leaving any formal clemency decision to the state.

Reddington’s request may still have a purpose beyond a pardon.

His spokesman said the lawyer hoped Trump might send a message of mercy to Plymouth County District Attorney Timothy Cruz, whose office must now decide whether to try Clancy again or pursue another resolution after the hung jury.

Reddington also said Tuesday that he is willing to discuss an agreement with prosecutors. He said he hopes Cruz will reconsider the case after hearing the evidence presented during the first trial and work toward an outcome both sides could accept.

Trump has run into the same federal-state limit before.

He announced a pardon for former Colorado election official Tina Peters after she was convicted of state crimes tied to a breach of voting equipment. A Colorado appeals court held that presidential pardon authority did not reach her state convictions. Colorado Gov. Jared Polis later used his own clemency power to commute her sentence.

Massachusetts has a separate clemency process. The governor may grant pardons with the advice and consent of the Governor’s Council.

Gov. Maura Healey said Tuesday that Clancy’s case has not reached a point where she can consider a pardon because Clancy has not been convicted. The Massachusetts Constitution also limits the effect of a pardon granted before conviction, preventing a defendant from using one to stop a pending prosecution.

That leaves the immediate focus on prosecutors and the court rather than the White House.

Clancy’s first trial ended September 4 after jurors deliberated for more than 37 hours without reaching a unanimous verdict. The jury was split 11-1, with 11 jurors prepared to find her not guilty based on lack of criminal responsibility.

The defense argued that Clancy was suffering from postpartum psychosis and was not criminally responsible when she killed the children. Prosecutors argued that she understood what she was doing and deliberately planned the killings.

Trump had already weighed in after the mistrial, calling the case a “horrible tragedy” and suggesting that Clancy could ultimately face confinement in either a mental health facility or prison.

Reddington’s appeal does not give Trump a legal role in the case, but it puts the president into the public debate as Massachusetts officials consider their next move.

The case returns to Plymouth County Superior Court on September 29, when the parties are expected to address the future of the prosecution.