The Biden administration is stirring controversy yet again by formally considering a commutation for Charles Edward Littlejohn, the felon behind the largest tax data heist in U.S. history. Littlejohn, a former IRS contractor, was convicted of stealing and leaking confidential tax records belonging to President Trump and thousands of other Americans, including high-profile billionaires like Elon Musk and Rupert Murdoch. The leaked data was published in The New York Times and ProPublica in the lead-up to the 2020 election, fueling debates over tax policy and privacy.
A search of the Justice Department’s clemency database confirms that Littlejohn’s case is “pending,” raising eyebrows across the political spectrum. This consideration comes as Biden’s record-breaking list of controversial pardons and commutations—including those for his son, Hunter Biden—continues to draw fire. Critics argue that such decisions undermine the rule of law and reinforce the perception of a two-tiered justice system.
Liberal advocacy groups such as the Revolving Door Project and Patriotic Millionaires are pushing for Littlejohn’s release, describing him as a “public hero” for allegedly exposing tax loopholes exploited by the wealthy. University of Michigan tax professor Reuven Avi-Yonah, a vocal supporter, argued in a letter to President Biden that Littlejohn’s actions served the public interest, despite the clear breach of privacy laws. “Going after Mr. Littlejohn creates the perception that the system protects the interests of the super-rich taxpayers whose returns he leaked,” the petitioners claimed, while also lamenting his five-year sentence as “particularly harsh.”
But critics see the matter differently. Jason Foster, co-founder of Empower Oversight, pointed out that Littlejohn already received lenient treatment by pleading guilty to a single felony charge, despite the magnitude of his crime. “If President Biden commuted his sentence, it’d be like letting him off the hook all over again,” he said. Paul Kamenar, counsel for the National Legal and Policy Center, questioned the optics of Biden granting clemency, especially given the president’s recent pardon of his son on tax charges. “This would further undermine his support of the rule of law,” Kamenar argued.
The IRS, still reeling from the breach, has acknowledged the gravity of Littlejohn’s actions and recently alerted victims of the theft. Yet, despite the significant fallout—including lawsuits from affected taxpayers—the administration appears to be entertaining calls for leniency, a move critics see as a blatant effort to appease its left-wing base.
The case highlights a broader pattern within the Biden administration: bending justice to serve political ends. Democrats continue to paint Littlejohn as a whistleblower exposing injustice, but the reality is clear—he broke the law and violated the privacy of thousands of Americans. Imagine if a conservative contractor had leaked confidential IRS records on prominent Democrats. The outrage would be deafening, and the calls for severe punishment would be swift.
Biden’s consideration of clemency for Littlejohn sends a dangerous message: crimes can be excused as long as they align with the left’s political narrative. For conservatives, the rule of law is not optional, and upholding it is essential to preserving trust in government institutions. This administration’s willingness to selectively enforce justice only deepens the divide and erodes confidence in fairness and accountability.