As President Joe Biden nears the end of his term, speculation rises about whether he might grant additional
pardons. Pardoning power, a tool often reserved for the last days of a presidency, allows the president to forgive federal offenses, either for individuals or groups. With Biden being one of the most conservative presidents in granting clemencies—issuing fewer individual pardons than any other president in over a century—many are watching to see what moves he might make in the coming weeks.
How Does the Pardoning Process Work?
Securing a presidential pardon is no small feat. Experts explain that applicants often rely on influential lawyers or personal connections with the president or his close associates to bolster their case. Legal professionals with ties to top White House aides, or advocacy groups lobbying on behalf of specific causes, can also help make a case for clemency. While formal applications are processed through the Justice Department's Office of the Pardon Attorney, last-minute lobbying efforts often bypass the standard review process.
Biden’s Pardoning Track Record
Biden has been cautious in using his clemency powers. As of now, he has issued 65 individual pardons, significantly fewer than other one-term presidents such as Jimmy Carter, who issued 534 pardons. However, Biden has demonstrated a willingness to issue broader policy-driven clemencies. For instance, he pardoned individuals convicted of simple marijuana possession and granted clemency to veterans punished for offenses linked to their sexual orientation. Most recently, Biden commuted the sentences of nearly all federal death-row inmates, changing their sentences to life without parole.
Historically, contentious pardons have often been associated with the closing days of a presidency. Bill Clinton faced backlash for pardoning financier Marc Rich, and Donald Trump raised eyebrows by pardoning allies such as Paul Manafort and Charles Kushner. Biden, too, faces scrutiny for potential last-minute clemencies, especially as former President Donald Trump has publicly floated the idea of issuing controversial pardons to January 6 defendants should he return to office.
Conceptual Understanding of Pardoning Power
The U.S. Constitution grants the president the power to pardon individuals for federal offenses under Article II, Section 2. This authority is broad, encompassing full pardons, sentence commutations, and even preemptive pardons for crimes that have not yet been prosecuted. However, pardons do not apply to state crimes and are meant to offer individuals a second chance or rectify miscarriages of justice.
Types of Pardons:
Individual Pardons: These focus on specific individuals convicted of federal crimes. Examples include Gerald Ford's pardon of Richard Nixon and Biden's pardon of his son, Hunter.
Group Pardons or Proclamations: These target entire categories of offenses. For instance, Biden pardoned individuals convicted of marijuana possession under federal law.
Commutations: These reduce a person's sentence without clearing their criminal record. For instance, Biden commuted most federal death-row sentences to life in prison.
The U.S. Constitution grants the president the power to issue pardons for federal offenses under Article II, Section 2. This authority includes full pardons, commutations (reducing sentences), and reprieves (temporary delays in punishment).
Pardons can serve various purposes, from rectifying wrongful convictions to offering second chances for rehabilitation. While largely discretionary, pardons are typically informed by recommendations from the Justice Department or advocacy groups. However, they can also be controversial, particularly when linked to political or personal interests, as seen in historic last-minute pardons by past presidents.
Ultimately, the power is a tool for justice, mercy, and policy, reflecting the balance between the rule of law and executive prerogative.
The Politics of Clemency
The exercise of pardoning power often reflects a president's values and political priorities. Some clemencies address systemic injustices, as seen in Biden's actions on marijuana convictions and death-row commutations. Others, however, can be driven by personal or political considerations, leading to accusations of favoritism or cronyism.
Ultimately, the power to pardon is a unique and highly discretionary presidential authority. While it has the potential to bring about justice and mercy, it is not without its controversies, as presidents weigh the impact of their decisions on the legal system, public perception, and their legacy.
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