How Presidential Pardons Politicize the Military Justice System

Objectives Building on work on the civilian justice system, this study evaluates whether presidential pardons politicize the military justice system in the United States and perceptions of two types of crimes: war crimes and the unauthorized release of classified documents. Methods We use an original survey experiment with 1004 participants, all of whom identified as either Republicans or Democrats, randomly assigned to one of four conditions, varying type of crime and whether President Trump issued a pardon. Participants then completed a common questionnaire evaluating the legitimacy of the military justice system and the seriousness of each type of crime. Results Republicans responded to the co‐partisan Trump pardon with reduced perceived seriousness of the underlying crime and more negative attitudes toward the military justice system as measured by specific support and perceived legitimacy. Among Democrats with military experience or knowledge, the Trump pardon tended to increase specific support, trust, and perceived legitimacy of the institution and perceived seriousness of the underlying crime. Conclusion The findings suggest that pardons in cases of war crimes and high crimes both contribute to the politicization of perceptions of the military justice system among both civilians and veterans.