Drug smuggler granted clemency by Trump sparks renewed interest from federal judge and prosecutor after 'domestic disturbance' arrest

Donald Trump speaks at the National Guard Association of the United States’ 146th General Conference, Monday, Aug. 26, 2024, in Detroit (AP Photo/Carolyn Kaster).

A federal judge has taken interest in the once-closed case against a New York state drug dealer whose lengthy stint in federal prison was commuted by then-President Donald Trump on his final day in office.

So has the U.S. Attorney’s Office for the Eastern District of New York.

Over the weekend, in a little-noticed filing on the federal docket for the 14-year-old marijuana conspiracy case against Jonathan Braun, 41, the judge who has been overseeing the long and winding matter since 2018 filed a new order — and it seems to be related to the clemency recipient’s latest batch of legal troubles on Long Island.

Immediately after that, in a separate docket entry, the office that prosecuted the since-shuttered case assigned a new lawyer to deal with whatever it is that happens next “in the above-captioned matter.”

Last week , Braun was arrested for allegedly attacking both his wife and her septuagenarian father. Authorities say both alleged victims were, at some point, punched in the head and/or face.

On July 17, Braun allegedly threw his wife off a bed and onto the floor “causing her substantial pain and bruising her legs,” the complaint says, citing the woman as the complaining party.

On Aug. 12, the defendant again threw his wife to the floor and then punched her in the head, she allegedly told police, “causing her substantial pain” dizziness, and “bruising,” according to the complaint.

At one point during the second incident, which was reportedly precipitated by a marital argument, Braun was allegedly chasing his wife when her father intervened, police say. That intervention, however, allegedly earned the 75-year-old man two closed-fist punches to the face.

Braun also stands accused of an unrelated — and decidedly minor in comparison — petit larceny charge. He allegedly drove his white Lamborghini and black Ferrari across a bridge on Long Island without paying some $160 in tolls while lacking license plates for either car.

“Mr. Braun was arrested in Nassau County in connection with an alleged domestic disturbance,” his attorney Marc Fernich told Law&Crime. “He was released on his own recognizance after pleading not guilty and will address the allegations judicially.”

Braun was arraigned on Aug. 21 and pleaded not guilty to each count, court records show. He is slated to appear in court on Aug. 29 for the assault charges and then again on Sept. 19 for the larceny charge.

On Aug. 25, senior U.S. District Court Judge Kiyo Matsumoto wrote the following on the docket of his years-old drug case: “Probation shall continue to investigate this matter and apprise the Court of your findings and appropriate recommendations shall be offered at that time.”

Notably, the order actually filed by the judge is under seal.

The docket entry is in response to a sealed “Report on Offender Under Supervision,” which is also typically referred to as a “Prob 12A” report in the parlance of the federal courts. Often included in such reports is a so-called “Non-Compliance Summary,” though it is too soon to say if the probation report on Braun itself takes stock of his Nassau County criminal charges.

It is unclear why the U.S. Attorney’s Office is taking renewed interest.

In January 2021 , Trump issued a final wave of 143 pardons and commutations — many of which were highly scrutinized. Braun’s commutation was no exception. In the aftermath, the New York Times , CNN , and the Staten Island Advance ran stories about the international drug smuggler with a “history of violence and threatening people” who was already facing additional criminal allegations at the time.

Previously convicted of importing marijuana and money laundering, the defendant was also subject to a regulatory enforcement action resulting in a fine of $20 million in February for predatory lending practices in a civil case brought by the Federal Trade Commission.

The entry announcing Braun’s grant of clemency reads:

Jonathon Braun — President Trump commuted the sentence of Jonathan Braun. Mr. Braun has served 5 years of a 10-year sentence for conspiracy to import marijuana and to commit money laundering. Upon his release, Mr. Braun will seek employment to support his wife and children.

A review of the federal court docket suggests a bit of padding and omission on the White House’s part. Braun was actually sentenced to 10 years plus three years to be served concurrently — meaning, at the same time. And, while he served over five months in pretrial detention, he only reported to federal prison in early January 2020 — after a drawn-out series of last-ditch efforts to vacate his sentence.

Probation has a say in the matter because, despite his commutation on the marijuana conspiracy charges — which were originally filed in 2010 — he was still enrolled in a program of supervised release from federal prison. If the Nassau County “domestic disturbance” allegations are reported to a parole officer, as appears at least somewhat likely now, Braun may find himself back behind bars.

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