What is a presidential pardon, and how have Biden, Trump and other leaders used the power?
President Biden released on Sunday full pardon his son hunter Convicted earlier this year on federal gun and drug charges, and Pleaded guilty to tax charges In California.
this presidential pardon process The issue has long been controversial, especially because many presidents issue pardons when they leave the White House.
One of the most famous and controversial pardons in history occurred less than a month after President Gerald Ford took office. On September 8, 1974, Ford announced in the Oval Office that he would grant “full, free, and absolute pardon to Richard Nixon for all crimes against the United States that he has committed or may have committed.” Ford’s own press secretary resigned over the pardon, and Ford’s approval ratings dropped 20 points in the following days. His approval ratings never recovered and he lost the 1976 presidential election.
What is a presidential pardon?
The President has the power to issue pardons in accordance with regulations Article 2, Section 2 of the Constitution. The framers of the Constitution were deeply influenced by the English legal tradition of pardons, which dates back to the seventh century, when Alexander Hamilton introduced the concept of presidential pardons at the Constitutional Convention.
Article II, Section 2 of the Constitution provides: “The President shall be Commander-in-Chief in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called upon for actual service in the United States; any subject, and he shall have the power to grant reprieves and pardons for crimes against the United States, except in cases of impeachment.”
The President’s pardon power has four different types of pardons: clemency, pardon, commutation and reprieve. As outlined by the White House, a pardon frees a person from punishment and restores all civil liberties; a pardon is the same as a pardon but applies to an entire class of individuals; a commutation reduces a sentence imposed by a federal court, and a reprieve delays or delays the imposition of a sentence or punishment.
However, pardons may not be issued in cases of impeachment or “crimes against the United States” such as treason.
The Justice Department’s Office of the Pardon Counsel issues guidelines for applying pardons, but the president is not required to follow those guidelines.
To be eligible for a pardon, a person must be convicted in U.S. District Court, Superior Court for the District of Columbia, or a military court-martial, so the president cannot issue pardons for state convictions.
What does forgiveness mean to the person being forgiven?
A pardon can help remove some of the consequences of a conviction and restore a person’s civil rights.
According to the Department of Justice, when a person is pardoned, the crime is not removed from his criminal record, but both the conviction and the pardon appear on the record. But a pardon may help with obtaining a license, bond or employment.
Who has Biden pardoned while in office?
Hunter Biden is the 26th person Biden has pardoned so far. Most of the pardons were related to drug crimes, a practice started by former President Barack Obama. In September 2023, Biden granted clemency to three Iranians accused of moving $6 billion in restricted accounts in Iran as part of a prisoner swap.
President-elect Donald Trump has pardoned 29 people during his first term.
Who did Trump pardon during his first term?
Trump posted massive pardons on January 19, 2021, shortly before he left office. Trump pardoned 74 people and commuted the sentences of 70 others.
Those pardoned include Steve BannonRepublican fundraiser Elliott Broidy, Albert J. Pirro and rapper Lil Wayne.
These pardons come after Trump pardoned more than 30 people in December 2020, including his son-in-law Jared Kushner’s father, Charles Kushner, who Convicted in 2005 of witness tampering, tax evasion and illegal campaign contributions. Trump nominated Charles Kushner to be ambassador to France during his term.
Trump pardons Maricopa County early in term Sheriff Joe Arpaio, Dinesh D’Souzahis first national security adviser Michael Flynnformer George W. Bush aide I. Lewis “Scooter” Libby, and Oregon ranchers Dwight L. Hammond and Steve D. Hammond.
In 2020, Trump granted a blanket pardon to Alice Marie Johnson and sentenced her to death Transfer in 2018 With lobbying from Kim Kardashian. Johnson, a great-grandmother who served 22 years in federal prison for a first-time criminal offense, caught Kardashian’s attention.
In the more than four years since Trump took office, a total of 237 pardons have been issued, including 143 pardons and 94 commutations. The only presidents since 1900 to issue fewer pardons were George H.W. Bush and George W. Bush, according to the agency. pew research center.
Who has Obama pardoned while in office?
During his term, Obama pardoned 212 people and pardoned 1,715 people, including 568 people serving life sentences. 2014, Obama Launch a forgiveness initiativeallows federal inmates to apply for clemency, particularly those serving time for nonviolent drug offenses. exist Obama White House Archiveshis administration claimed those whose sentences were commuted were “incarcerated under outdated and overly harsh sentencing laws.”
While Obama encourages prisoners to apply for clemency under the Clemency Initiative, 2018 Department of Justice Inspector General The initiative was found to be poorly planned and poorly implemented, along with problems of miscommunication and bureaucratic battles.
“We found that the department failed to effectively plan, implement, or manage this initiative from the outset,” Inspector General Michael Horowitz wrote in the report.
Which president in history has pardoned the most people?
President Franklin Delano Roosevelt, who served for 13 years, issued the most pardons: 3,687.
Have past presidents pardoned family members?
While Biden is the first president to pardon a son, he is not the first to pardon a family member. Former President Bill Clinton pardoned his brother Roger Clinton, and Trump pardoned his son-in-law’s father, Charles Kushner.
Meanwhile, Abraham Lincoln, pardoned his sister-in-lawEmilie Todd Helm, the widow of a Confederate general, under the Amnesty and Reconstruction Proclamation.
Can the president issue preemptive pardons?
Ford’s infamous pardon of Nixon was a preemptive pardon because Nixon had not been charged with a crime. Former President Jimmy Carter also granted preemptive pardons to Vietnam War deserters, as did Lincoln in the Amnesty and Reconstruction Proclamation, allowing former Confederates to receive pardons after taking the oath to join the United States.
President George H.W. Bush also pardoned his Defense Secretary Caspar Weinberger and five others after they were indicted but before trial for their alleged role in the Iran-Contra scandal.
Biden’s pardon for Hunter covers any crimes Hunter Biden may have committed between January 1, 2014, and December 1, 2024, even if he has not yet been charged. Hunter Biden’s first plea deal in Delaware falls apart as his lawyers seek full immunity from future prosecution.
Can another president revoke a previous presidential pardon?
The pardon clause in Article II of the Constitution does not include any provision for revoking pardons, although only a handful of presidents have exercised this power.
During President Andrew Johnson’s last day in office, he issued multiple pardons. President Ulysses S. Grant revoked three of them on his first day in office, recalling the U.S. Marshals. These pardons were Never executed. The fourth has been allowed to stand since delivery.
according to washington monthlyAn 1868 textbook on the Constitution by Supreme Court Associate Justice Joseph Story said presidential pardons could be revoked if the president was impeached. In recent history, both Clinton and Trump were impeached — though their pardons did last beyond the end of their terms.
Meanwhile, former President George W. Bush revoked one of his own pardons. In December 2008, shortly before leaving office, Bush pardoned 19 people, including Isaac Robert Toussie of Brooklyn, New York, for providing false statements and emails to the U.S. Department of Housing and Urban Development Convicted of fraud.
A day later, Bush reversed the decision, with White House press secretary Dana Perino citing “information that subsequently came to light,” including information about the extent and nature of Tutsi’s previous criminal offenses. She also said that neither the White House Counsel’s Office nor the president was aware of Tutsi’s father’s political donations that “could have given rise to inappropriate conduct.”
