A presidential pardon is one of the most powerful and controversial tools at the disposal of the President of the United States. Rooted in the U.S. Constitution, it enables the president to forgive individuals for federal crimes, potentially restoring their rights and mitigating the consequences of their actions. This legal mechanism has significant implications for justice, politics, and society.

What Is a Presidential Pardon?

A presidential pardon is a formal act of forgiveness granted by the president for federal offenses. It is defined in Article II, Section 2 of the U.S. Constitution, granting the president the authority to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” Unlike other legal remedies, a pardon is an exercise of executive discretion, immune to oversight by the judiciary or Congress.

How Does a Presidential Pardon Work?

When issued, a pardon removes the penalties and legal consequences associated with a federal crime. However, it does not necessarily erase the individual’s criminal record unless explicitly stated.

  1. Eligibility: Only individuals convicted of federal crimes are eligible for a presidential pardon. State-level offenses fall under the jurisdiction of state governors.
  2. Restored Rights: A pardon often reinstates civil rights, including voting, serving on a jury, or holding public office.
  3. Application Process: Individuals typically apply for a pardon through the Office of the Pardon Attorney, which reviews the case and advises the president. However, the president is not bound by these recommendations.

The Historical Origins of Presidential Pardons

The concept of executive clemency predates the United States, with its roots in English common law. Monarchs traditionally wielded this power to grant mercy, and the framers of the U.S. Constitution adopted a similar approach to balance justice with compassion.

  1. Early Use: George Washington issued the first presidential pardon in 1795 to participants in the Whiskey Rebellion.
  2. Famous Pardons: Notable examples include President Gerald Ford’s pardon of Richard Nixon and President Jimmy Carter’s pardon of Vietnam War draft evaders.

Why Are Presidential Pardons Issued?

The motivations for granting pardons can vary widely.

  1. Correcting Injustices: Presidents may intervene in cases where they believe the legal system has failed.
  2. Demonstrating Mercy: Pardons are often viewed as an opportunity to show compassion, especially in cases of rehabilitated individuals.
  3. Political Considerations: Pardons can serve broader political goals, such as healing national divisions or appeasing particular groups.

What Are the Limitations of a Presidential Pardon?

While powerful, the scope of a presidential pardon has limits.

  1. Federal Jurisdiction Only: Pardons apply exclusively to federal crimes; state crimes are unaffected.
  2. Exclusion of Impeachment: The Constitution explicitly prohibits pardons in cases of impeachment.
  3. Public Backlash: Controversial pardons can lead to public scrutiny and political fallout.

Notable Pardons by President Donald Trump

During his tenure from 2017 to 2021, President Trump issued several high-profile pardons:

  1. Joe Arpaio: The former sheriff of Maricopa County, Arizona, was convicted of criminal contempt for defying a court order to halt racial profiling practices. President Trump pardoned Arpaio in 2017, a move that drew significant controversy.

  2. Michael Flynn: Trump’s former National Security Adviser pleaded guilty to lying to the FBI about his communications with a Russian ambassador. He received a presidential pardon in November 2020.

  3. Roger Stone: A longtime political adviser to Trump, Stone was convicted on charges including obstruction and witness tampering related to the Russia investigation. His sentence was commuted in July 2020, and he was later granted a full pardon in December 2020.

  4. Charles Kushner: The father of Trump’s son-in-law, Jared Kushner, was convicted of tax evasion, witness tampering, and illegal campaign contributions. He was pardoned in December 2020.

  5. Paul Manafort: Trump’s former campaign chairman was convicted of financial crimes related to his work in Ukraine. He received a pardon in December 2020.

  6. Dinesh D’Souza: D’Souza illegally used straw donors to funnel additional money into the campaign of a Republican Senate candidate in 2012. He pleaded guilty to the charges in 2014.

Notable Pardons by President Joe Biden

President Biden has also exercised his clemency powers in several significant instances:

  1. Abraham W. Bolden Sr.: In April 2022, Biden pardoned Bolden, the first African American Secret Service agent to serve on a presidential detail. Bolden was convicted in the 1960s on charges related to attempting to sell a copy of a Secret Service file, charges he has consistently denied.

  2. Betty Jo Bogans: Also in April 2022, Biden pardoned Bogans, who was convicted in 1998 for possession with intent to distribute crack cocaine. She received a seven-year sentence and, after her release, maintained steady employment and became active in her community.

  3. Dexter Eugene Jackson: In April 2022, Jackson was pardoned for his 2002 conviction of using his business to facilitate marijuana distribution. Since completing his sentence, Jackson turned his business into a cell phone repair service that hires local high school students through a program that provides work experience to young adults.

  4. Hunter Biden: In December 2024, President Biden issued a sweeping pardon for his son, Hunter Biden, absolving him of any crimes committed since 2014. Hunter Biden was facing sentencing for lying to purchase a gun while addicted to drugs and for tax evasion. This pardon has sparked controversy and accusations of a political double standard.

FAQs

Does a presidential pardon erase a criminal record? Not automatically. A pardon forgives the offense but does not expunge the criminal record unless specifically stated.

Can a presidential pardon be revoked? Once issued and accepted, a pardon cannot be revoked by the president or overturned by the judiciary.

Can a person reject a presidential pardon? Yes, acceptance of a pardon is voluntary, and an individual may decline it for personal or legal reasons.

Are there limits to the number of pardons a president can issue? No. The president can issue an unlimited number of pardons within the bounds of their term.

How does a pardon differ from a commutation? A pardon forgives the crime entirely, while a commutation reduces the punishment without forgiving the crime.

Can a president pardon themselves? This remains a debated constitutional question, as no precedent exists to definitively answer it.

The Impact of Presidential Pardons

Presidential pardons have far-reaching implications for individuals and society. They symbolize the potential for redemption while sparking debates about accountability and fairness. By understanding the mechanics, history, and controversies surrounding presidential pardons, one gains insight into the intricate balance between justice and mercy.

Related Articles

  1. 12/3/2024 - "Competing constitutional interests."
    Trump – citing the language Biden used to pardoned his son – urged a judge to dismiss his 34 felony convictions of orchestrating an illegal conspiracy to influence the 2016 presidential election by falsifying business records.
  2. 12/2/2024 - "Enough is enough."
    Biden issued a “full and unconditional pardon” for his son Hunter despite repeatedly saying he wouldn’t interfere in his son’s case or use his presidential powers to protect him.
  3. 7/1/2024 - "The President is now a king above the law."
    Trump is expected to order the Justice Department to drop the charges against him – or pardon himself.
  4. 8/1/2022 - "Playing with fire."
    Matt Gaetz repeatedly assured Roger Stone that “the boss” – Trump – would offer him a pardon if he was convicted of lying to Congress about his communications related to WikiLeaks' release of emails from the Democratic National Committee and Clinton campaign.
  5. 6/28/2022 - "Real, real bad."
    In his one-minute video calling for Jan. 6 rioters to leave the Capitol and go home – posted to Twitter more than two hours after the mob overtook the Capitol – Trump reportedly wanted to include language about pardoning the rioters. His legal counsel, however, advised against it.
  6. 6/23/2022 - "Substantial misconduct."
    Days after Jan. 6, at least five Republican lawmakers asked White House officials whether Trump would pardon them for their activities in the lead-up to Jan. 6. Reps. Andy Biggs Louie Gohmert, Scott Perry, Marjorie Taylor Greene, and Matt Gaetz all requested pardons. Rep. Mo Brooks also sent an email asking for “all purpose” pardons for lawmakers who objected to the electoral votes from Arizona and Pennsylvania.
  7. 6/16/2022 - "A heated fight."
    After the Capitol riot, John Eastman asked Rudy Giuliani if he could be on Trump's "pardon list" despite pushing a plan to overturn the 2020 election that he knew was illegal.
  8. 2/2/2022 - "Ambitious but doable."
    A member of the House Jan. 6 committee accused Trump of tampering with witnesses by promising to pardon those involved in the attack if reelected in 2024.
  9. 4/30/2021 - "One god-awful mess."
    Florida Republican Rep. Matt Gaetz’s close friend wrote a “confession” letter last year detailing how he and Gaetz paid for sex with multiple women, including a minor who was 17 at the time. Joel Greenberg’s letter was part of a failed attempt to secure a pardon from Trump – with the help of Roger Stone – for their alleged sex crimes, which the Justice Department is investigating.
  10. 2/8/2021 - "More dire than we thought."
    Paul Manafort can’t be prosecuted in New York after Trump’s pardon.
  11. 1/20/2021 - "Democracy has prevailed."
    Trump granted clemency to 143 people in his final hours as president, wiping away the convictions and prison sentences for a host of corrupt politicians and business executives. In total, Trump issued a batch of 73 pardons and 70 commutations, including a pardon for Stephen Bannon, his former White House chief strategist who was charged with defrauding donors to a private fundraising effort for construction of a wall on the U.S.-Mexico border, and Elliott Broidy, who pleaded guilty in October to acting as an unregistered foreign agent and lobbying the Trump administration on behalf of foreign interests.
  12. 1/18/2021 - "Indefensible."
    Trump met with Jared Kushner, Ivanka Trump, and other aides to review a list of pardon requests, including whether to issue preemptive pardons to his adult children, aides, and himself. Trump allies, meanwhile, have reportedly sold their access to the White House to lobby Trump and White House aides for pardons.
  13. 1/7/2021 - "A horror show for America."
    Trump told aides and advisers that he wants to pardon himself before leaving office.
  14. 12/4/2020 - "Grim."
    Trump could preemptively pardon as many as 20 aides and associates before leaving office. Republicans, however, say offering legal reprieves to his friends and family members would be unprecedented, could tarnish, his legacy, and harm a 2024 campaign.
  15. 12/2/2020 - "A very dangerous place."
    Trump discussed whether to grant pre-emptive pardons to Trump Jr., Eric Trump, Ivanka Trump, and Jared Kushner.
  16. 12/1/2020 - "We just don’t have time to waste time."
    Trump and Rudy Giuliani discussed a pardon preempting any charge or conviction before Trump leaves office.
  17. 9/18/2020 - "You need a test."
    United States lawyers at Julian Assange’s extradition trial accepted the claim that the WikiLeaks founder was offered a presidential pardon in return for information that would resolve the “ongoing speculation about Russian involvement” in the hacking of Democratic National Committee emails.
  18. 8/20/2020 - "Donald Trump hasn't grown into the job because he can't."
    The National Susan B. Anthony Museum and House declined Trump’s pardon of the late women’s suffrage leader, who was charged in 1872 with voting illegally. The museum noted that “If one wants to honor Susan B. Anthony today, a clear stance against any form of voter suppression would be welcome.”
  19. 2/20/2020 - Desperate.
    Trump said he wouldn’t immediately pardon Stone but would intervene if courts don’t overturn his conviction.
  20. 2/19/2020 - Cleaning house.
    Trump offered to pardon Julian Assange if the WikiLeaks founder agreed to say Russia was not involved in hacking emails from the Democratic National Committee.
  21. 11/18/2019 - "Unusual and inappropriate."
    Trump ignored Pentagon advice and pardoned three service members convicted or accused of war crimes in Afghanistan and Iraq.
  22. 8/28/2019 - Dread.
    Trump promised to pardon any official who breaks the law in order to get his border wall built by the 2020 election. “Don’t worry, I’ll pardon you,” Trump reportedly told aides.
  23. 3/8/2019 - Blameless.
    Michael Cohen "directly" asked Trump for a pardon, was told "NO," and then lied about it during his House Oversight and Reform Committee testimony.
  24. 3/7/2019 - Humanitarian catastrophe.
    Michael Cohen asked one of his attorneys last summer to raise the possibility of a pardon with Rudy Giuliani after the FBI raids on his home and offices.
  25. 3/5/2019 - Stone cold crazy.
    Michael Cohen’s attorney raised the possibility of a pardon with Trump’s attorneys after the FBI raided Cohen’s properties.
  26. 6/6/2018 - Obsessed.
    Paul Ryan said Trump should not try to pardon himself, saying, "I don't know the technical answer to that question, but I think obviously the answer is he shouldn't. And no one is above the law."
  27. 6/4/2018 - Absolute right.
    Trump tweeted that Robert Mueller's appointment is "totally UNCONSTITUTIONAL!" and asserted that he has the "absolute right to PARDON myself."
  28. 5/31/2018 - Third-party status.
    Trump offered a full pardon to conservative pundit Dinesh D’Souza for violating campaign finance laws.
  29. 7/22/2017 - Complete power.
    In a two hour rant on Twitter, Trump asserted his "complete power" to pardon himself, decried "illegal leaks," blamed Hillary, defended Trump Jr. and his new communications director, called Democrats obstructionist, and declared Obamacare dead.
  30. 7/21/2017 - Pardon power.
    Trump’s lawyers discussed his authority to grant pardonsto aides, family members, and himself in connection with the Russia probe.