On the day Rep. Duncan Hunter pleaded guilty to misuse of campaign funds in federal court, a GOP stalwart seeking Hunter’s congressional seat in the most respectful way was publicly discussing a possibility that had previously only been “what-if” chatter among people following the case.

In an interview with the Union-Tribune editorial board Tuesday, former Rep. Darrell Issa, a Republican insider who once chaired the powerful House oversight committee, talked seriously about presidential clemency should Hunter be sentenced to prison on March 17.

“It’s not my decision. It’s the president’s decision,” Issa said when asked about a pardon. “But I would certainly say the commuting of sentencing… has a certain ability to balance the public good. Are we better off spending $60,000 a year to put him behind bars or are we better off with him doing community service and going on with his life with the likelihood of him committing a crime in the future being pretty low?”

Issa, who withdrew his nomination by Trump for a trade post to run for Hunter’s seat, adds some credence to the idea of presidential action on Hunter’s behalf.


Hunter was indicted on federal charges that he stole $250,000 of campaign money and used it for family vacations, groceries, extramarital affairs and other non-campaign uses. He could be sentenced to five years in prison, although he’s more likely to get eight to 14 months.

“Whatever my time in custody will be, I will take that hit,” Hunter told KUSI on Monday.

Hunter, R-Alpine, and Rep. Chris Collins, R-New York, were the first two members of Congress to endorse Trump’s presidential bid in 2016. Collins pleaded guilty to insider trading on Oct. 1. Hunter has been a strong backer of Trump and was reportedly considered for national security posts in the administration, although that never came to be.

Unlike others running for Hunter’s East County seat, Issa has shied away from criticism of the congressman, whose name is well known in the GOP stronghold.


Carl DeMaio, a former San Diego councilman who is the other leading Republican in the race, said Trump should not enter the fray.

“No, it would not be appropriate because at some point we have to expect that our politicians are going to be held accountable for their mistakes,” DeMaio said by phone. “With accountability should come some form of punishment. To commute or pardon would send the wrong message to the American people that politicians get treated differently and aren’t subject to the same accountability as the rest of us.”

DeMaio, who hosted a popular talk radio show after leaving office, added, “It’s clear that Darrell Issa is not interested in holding public officials accountable, but rather is trying to curry favor for an endorsement from the Hunter family. It’s typical swamp creatures protecting swamp creatures.”

Ammar Campa-Najjar, who nearly beat Hunter last year and is the sole Democrat in the race, was more conflicted about the prospect.


He said no one wishes for a congressman go to jail, but it is important that if Congress members break the law, they suffer the consequences. He added that it is a good deterrent for other office holders as well, although he is not sure of the appropriate amount of time someone should spend in custody for the offense.

“The right thing is what he (Hunter) is doing, he is taking responsibility and agreeing to serve time,” Campa-Najjar said. “I think for the president to exonerate him when he himself said he should ‘take the hit,’ it wouldn’t be a good precedent to set for either party.”

State Sen. Brian Jones, a Santee Republican who is the fourth candidate vying for Hunter’s seat, did not express an opinion about the topic.

“That is up to the president,” Jones said. “I wouldn’t advocate for or against it.”


There are serious doubts among political analysts about whether Trump might intervene on Hunter’s behalf. When Hunter and Collins were both indicted last year for federal crimes ahead of the election, Trump criticized then-Attorney General Jeff Sessions for allowing the indictments, a statement that drew bipartisan pushback.

“Two long running, Obama-era investigations of two very popular Republican Congressman were brought to a well-publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department,” Trump tweeted. “Two easy wins now in doubt because there is not enough time. Good job Jeff.”

Both won re-election despite the indictments and pleaded guilty this year. Collins stepped down in advance of his plea in the fall, and Hunter remains in office.

Outside of that tweet, though, Trump hasn’t seemed to acknowledge Hunter much.


He hasn’t publicly commented on Hunter’s guilty plea, or publicly commented on the case over the past year as Hunter’s legal situation worsened.

Hunter also has less of a national profile than other people Trump has decided to aid.

Nearly three years into his term Trump has pardoned 18 people and commuted the sentences of six others. Among those he pardoned were several political allies including newspaper publisher and Trump admirer Conrad Black, conservative commentator Dinesh D’Souza and former Maricopa County Sheriff Joe Arpaio.

Arpaio, the first person Trump exercised his clemency powers on behalf of, was nationally known for his aggressive approach to immigration enforcement, jail conditions and treatment of inmates and for violating a court order to stop racially profiling Latinos. He had not even been sentenced at the time of the pardon.


Jack Pitney, professor of political science at Claremont McKenna College, said Hunter lacks the following of those figures.

“There isn’t much in it for Trump,” Pitney said. “He wouldn’t stand to benefit because Hunter doesn’t have constituency outside of California, and Trump doesn’t care about California anyway.”

He added that he could see Trump getting involved after the 2020 election especially if he loses, but getting involved in the case now would give Democrats ready-made attack ads.

“There would be a lot of criticism and it’d add to the Democratic narrative that there is tremendous fleece factor in his administration,” Pitney said.


Casey Dominguez, a political science professor at the University of San Diego, said a Trump intervention also could create a headache for the party, especially with Hunter already admitting his guilt.

“The Republican Party and the president could be vulnerable to accusations that he is not tough on corruption or lawbreaking,” Dominguez said.

Dominguez noted, though, that Trump wouldn’t be the first president to use clemency to benefit a political ally. She noted former President Bill Clinton’s pardoning of Marc Rich, a fugitive financier and large political donor. When Clinton pardoned Rich in the final days of his presidency, former President Jimmy Carter called it “disgraceful.”

“Using a pardon for political favors is not unheard of,” Dominguez said. “But it’s not something Bill Clinton is looked back on fondly for.”


Hunter is planning to meet with House Minority Leader Kevin McCarthy to discuss next steps and his possible resignation. If Hunter does not resign from his seat until after a candidate filing deadline on Friday, his seat could remain vacant until a new Congress is sworn in, rather than be subject to being filled by special election.

“I’m confident that the transition will be a good one,” he told KUSI on Monday. “My office is going to remain open. I’ve got a great staff. We’re going handle people’s cases and pass it off to whoever takes this seat next.”

Staff writer Morgan Cook contributed to this report.