[1] Pardons extend to all federal criminal offenses, except in cases of impeachment,[1][2] and entail various forms of clemency, including commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of a punishment, and providing amnesty to an entire group or class of individuals.
[5] The Pardon Attorney investigates and reviews applications for clemency but serves only an advisory role; the president may disregard the findings or bypass the office altogether.
[4][7] 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.
[9][2] There remains disagreement and uncertainty about the full scope and legal implications of federal pardons, due largely to the lack of historical precedent.
[12][2] A person may decide not to accept a pardon, in which case it does not take effect,[13] according to a Supreme Court majority opinion in Burdick v. United States (1915).
[16] The concept of governments having the authority to provide relief from criminal punishment has deep and broader historical roots, including in ancient Jewish, Greek, and Roman legal principles and practice.
[18] The U.S. Constitution's pardon power originated from longstanding English tradition,[2][19] which permitted the monarch to exercise the "royal prerogative of mercy" to withdraw or provide alternatives to death sentences.
[22] By the 18th century, the power had been restricted by parliament to address potential abuses, but retained its broad application, including in the American colonies.
74, where he argued that such a power should be as little as possible fettered or embarrassed to ensure easy access to exceptions in favour of unfortunate guilt.
[25] Hamilton also argued that placing power solely with the President would lead to its most beneficial exercise, as a single person would be a more eligible dispenser of the mercy of the government than a body of men who might often encourage each other in an act of obduracy, and might be less sensible to the apprehension of suspicion or censure for an injudicious or affected clemency.
[30][31] Virginia delegate Edmund Randolph submitted a motion to reincorporate an exception to cases of treason, on the basis that extending pardons to such instances was too great a trust, that the President may himself be guilty, and that the Traytors may be his own instruments.
[9] While clemency may be granted without the filing of a formal request, in most cases the Office of the Pardon Attorney will consider only petitions from persons who have completed their sentences and, in addition, have demonstrated their ability to lead a responsible and productive life for a significant period after conviction or release from confinement.
[13] According to Associate Justice Joseph McKenna, writing the majority opinion in the U.S. Supreme Court case Burdick v. United States, a pardon is "an imputation of guilt and acceptance of a confession of it.
"[45] The informal Nixon memo only addressed the presidential self-pardon in 69 words with no citations and lacks legal analysis, and is thus not authoritative on the issue.
[53]However, Laurence Tribe, Richard Painter, and Norm Eisen have suggested that presidential self-pardons are precluded by the Impeachment Disqualification Clause of Article I, Section III,[54] while Philip Bobbitt and other legal scholars have suggested that self-pardons would be precluded by the requirement that the President "shall take Care that the Laws be faithfully executed" in Article II, Section III or by the Due Process Clauses of the 5th Amendment and the 14th Amendment.
[44][55][56] The Impeachment Disqualification Clause states "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
[61] In the 18th century, George Washington granted the first high-profile federal pardon to leaders of the Whiskey Rebellion on his final day in office.
[62] In the 19th century, Andrew Johnson controversially issued sweeping pardons of thousands of former Confederate officials and military personnel after the American Civil War.
[63] In the 20th century, Gerald Ford pardoned former president Richard Nixon on September 8, 1974, for official misconduct which gave rise to the Watergate scandal.
[65] Other publicly controversial uses of the pardon power include Jimmy Carter's grant of amnesty to Vietnam-era draft dodgers on his second day in office, January 21, 1977;[66] George H. W. Bush's pardons of 75 people, including six Reagan administration officials accused or convicted in connection with the Iran–Contra affair; and Bill Clinton's commutation of sentences for 16 members of FALN in 1999.
On November 25, 2020, Trump announced, via Twitter, that he had pardoned his former National Security Advisor, retired General Michael Flynn.
"[74] In December 2024, U.S. President Joe Biden commuted the sentences of 37 out of 40 individuals on federal death row, reducing their punishments to life imprisonment.
[77] That same day, newly inaugurated president Donald Trump pardoned 1,500 persons accused and convicted of illegal actions on January 6.