Esformes Retrial Confronts Questions About Power of Commutation

The Justice Department’s efforts to retry a Florida man whose sentence was commuted by Donald Trump in the final days of his presidency raises a constitutional question that some experts say hasn’t been confronted: Does commuting a sentence forever end a case, as a pardon does?

Philip Esformes’s case has the potential to alter the perception of presidential powers, especially if the new prosecution succeeds. Numerous court dates in the US District Court for the Southern District of Florida related to the retrial have been canceled in recent weeks, which is often an indication that a plea deal is being ...