Presidential Pardons - Stop the rumors and let's look at the facts.

INTRODUCTION:

I've received numerous requests to discuss Presidential Pardons. I think this is an excellent topic in light of all the controversy surrounding the number of pardons and who was pardoned by President Biden before he left office and President Trump after his inauguration.

First, we must understand that a President can pardon anyone with few limits. In Ex parte Garland (1867), the U.S. Supreme Court confirmed the "unlimited" nature of federal pardons except for impeachment-related crimes) and broadened its scope to include offenses for which legal proceedings have not been initiated. (Reference)

Also, pardons only refer to federal pardons, not individual state pardons. The process of pardons can get confusing and become quite complex. I will try to simplify this in this post.

LET'S LOOK AT SOME FACTS:

There are several types of pardons:

Full pardon: Forgives the crime and all of its consequences.

Partial pardon: Forgives some of the crime's consequences or punishment.

Conditional pardon: Forgives the crime on the condition that the person meets certain requirements, such as helping the police.

Unconditional pardon: Forgives the crime without any conditions or restrictions.

Pardon of innocence: Allows the person to be expunged from their record.

Pardon of forgiveness: Prevents the conviction from being used in future criminal proceedings.

Other types of clemency include:

Commutation: Reduces the severity of the punishment, such as reducing a death sentence to life in prison.

Reprieve: Delays the execution of a sentence, usually a death sentence.

Respite: Reduces the punishment in special circumstances, such as pregnancy or mental health.

Remission: Reduces the amount of punishment without changing its nature, such as reducing a sentence from 20 years to 10 years.

Amnesty: Extends the pardon to an entire class of people.

These are covered under Article II Section 2, Clause 1 of the Constitution. (Reference)

A pardon is an act of grace that grants official forgiveness to a person for a crime. There is one more that has been widely used lately.

Preemptive - a blanket pardon for individuals a President feels may be targeted. The interesting question that has been raised about this type of pardon, mainly since Joe Biden used this type of pardon a great deal, is:

IF SOMEONE HASN'T NOT COMMITTED A CRIME, WHY DO THEY NEED TO BE PARDONED?

This type of pardon raises some justifiable questions in people's minds. Joe Biden issued preemptive pardons for many people without any allegations or criminal charges being brought against these individuals. These are "just in case" pardons. Doesn't that make you wonder? I know it makes me wonder. If these individuals committed no crimes, why did President Biden feel the need to issue these blanket preemptive pardons, some going back years? His, who he repeatedly stated he would not pardon, his entire family, the January 6th committee members, and more.

Why do they need a pardon if they did nothing wrong? Even if an agency or individual attempts to go after these people, there should be no evidence found to convict them of a crime if they are innocent of any wrongdoing. I think it leaves a bad taste in people's minds and makes our citizens ask many questions and doubts.

MORE DATA:

Going back to 1977, here is a list of pardons by Presidents. (Reference)

PARDONS COMMUTATION

Jimmy Carter (1977-1981) 534 29

Ronald Reagan (1981-1989) 393 13

George HW Bush (1989-1993) 74 3

Bill Clinton (1993-2001) 396 61

George W Bush (2001-2009) 189 1

Barack Obama (2009-2017) 212 1,715

Donald J Trump (2017-2021) 144 94

Joseph R Biden (2021-2025) 80 4,169

Donald J Trump (2025-present) 1,500 14 (probably more are coming)

Indeed, it is an interesting upward trend. It suggests how the political climate has changed over time.

ABOUT PARDONS:

The concept of pardons dates back to English common law, where the monarch had the prerogative to forgive offenses against the crown. The Founding Fathers incorporated this power into the Constitution to allow for a check on judicial decisions, providing a means to temper the severity of the law with compassion and to correct judicial errors. The use of presidential pardons has varied considerably from one administration to another, reflecting different presidents' priorities, philosophies, and possibly fears.

Many argue that our Founding Fathers wanted to make it difficult for one person, party, or group to get control of the government. To achieve these goals, the Founding Fathers proposed a national government where power was divided between three separate branches of government: the Executive, the Legislative, and the Judiciary. Therefore, the original intent of the pardon was to protect the unjustly accused and provide relief from criminal punishment. The pardon power was inspired by the English legal tradition of the "royal prerogative of mercy". The keywords here are "unjustly accused." Not just in case you are accused.

The process for granting a presidential pardon typically involves several steps:

Application - Individuals seeking a pardon usually submit a formal application through the Office of the Pardon Attorney, part of the Department of Justice. This application details the reasons for seeking clemency, the nature of the offense, and any steps the applicant has taken toward rehabilitation.

Review - The Office of the Pardon Attorney thoroughly reviews the application, including an examination of the individual's criminal history, character references, and overall conduct since the offense. They may also gather information from victims and law enforcement.

Recommendation - After assessing all relevant information, the Pardon Attorney provides a recommendation to the President. This recommendation can sway the President's decision, but ultimately, the choice rests solely with them.

Presidential Decision - The President can choose to grant or deny the pardon. Various political, social, and moral factors, including public opinion, case details, and the current political climate, often influence this decision.

Announcement - If a pardon is granted, the White House typically announces the decision publicly, although some pardons may be issued quietly. A pardon's effects are profound—it removes the legal consequences of a conviction, restores civil rights, and can alleviate the stigma associated with a criminal record.

SOME CONTROVERSIES SURROUNDING PARDONS:

Presidential pardons are inherently contentious, often raising ethical and legal questions. Critics argue that they can be used to shield political allies or suppress accountability for powerful individuals. High-profile pardons may lead to accusations of corruption or favoritism, particularly when they benefit individuals from influential positions or those with close ties to the presidency.

Moreover, social and legal implications accompany the power of pardons. When someone is pardoned for a serious offense, it can create public outrage, especially among victims’ families or communities affected by crime. Critics point out that pardons can undermine public confidence in the justice system, particularly if they seem arbitrary or politically motivated.

WHAT ABOUT THE FUTURE OF PRESIDENTIAL PARDONS?:

As debates surrounding criminal justice reform continue to evolve, the role of presidential pardons may transform. Many advocates call for a more systematic approach to the clemency process, emphasizing the need for transparency and criteria that align with the principles of justice and rehabilitation. Recommendations for reform have included establishing independent boards to assess pardon applications or providing clearer guidelines to ensure fair consideration.

Additionally, as social movements around issues like racial equity and mass incarceration gain momentum, the prerogative of the presidency in granting pardons will likely be scrutinized and possibly redefined. Future presidents may face increasing pressure to use this power judiciously, focusing on specific areas or convictions that disproportionately affect society, families, individuals, and maybe entire communities.

IN CLOSING:

While rooted in a long tradition of governance, presidential pardons remain a complex and often contentious instrument of executive power. They serve as a vehicle for mercy, redemption, and sometimes controversy, reflecting the complex relationship between law, justice, and the human capacity for forgiveness. As the United States continues to grapple with its judicial system and the legacy of its past, the future of presidential pardons will undoubtedly be influenced by ongoing dialogues surrounding justice, equity, accountability, and presidential preference and power.

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