With deliberations continuing in the case of Daniel Penny—charged in the death of Jordan Neely during a New York subway incident—supporters are urging President-elect Donald Trump to pardon the former Marine. But is this even within Trump’s presidential powers? The answer is a definitive no.

On May 1, 2023, Daniel Penny, a 26-year-old Marine Corps veteran, intervened on a New York City subway when Jordan Neely allegedly began threatening passengers. According to witnesses, Neely, who was reportedly homeless, had been yelling threats, prompting Penny to place him in a chokehold to subdue him. Tragically, Neely later died, leading to widespread media coverage and public outcry.
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Initially questioned and released by police, Penny found himself facing mounting public pressure. This culminated in Manhattan District Attorney Alvin Bragg filing charges against him for second-degree manslaughter and criminally negligent homicide. The case became a flashpoint in debates over self-defense, crime, and justice in New York City.
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