The Pardon Power
Article II, Section 2 of the U.S. Constitution gives the president "Power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." A reprieve reduces the severity of a punishment without removing the guilt of the person reprieved. A pardon removes both punishment and guilt.
As judicially interpreted, the president's power to grant reprieves and pardons is absolute. Individual reprieves and pardons cannot be blocked by Congress or the courts. The Framers of the Constitution envisioned the pardon power having a narrow purpose in times of war and rebellion. The president might offer pardons to rebellious factions as an inducement 
for a laying down of arms and national reconciliation. Alexander Hamilton argued in the Federalist Papers (No. 74) that "in seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquility of the common wealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall."
The Office of Pardon Attorney, established in the Justice Department in 1981, assists the president in the exercise of the pardon power.
- In a unprecedented move, President Bush rescinded his pardon of Isaac Toussie, a New York real estate developer, who was convicted of fraudulently obtaining mortgages from the federal government in the late 1990's. Bush took back the pardon 24 hours after granting it, claiming that White House aides had not fully described the extent of Toussie's
crimes. There was confusion and speculation over whether the president is entitled to take back a pardon under law.
-
Marion Jones - Jones is a world champion track-and-field athlete who is currently serving 6 months in jail for lying about her use of steroids.
John Walker Lindh - American-born Taliban soldier was convicted of serving in the Taliban army and carrying weapons in Afghanistan against the United States in 2001-02. He is currently serving 20 years.
- Former Attorney General Alberto Gonzales - Gonzales
resigned amid allegations of wrongdoing, including authorizing illegal access to personal information about U.S. citizens and perjury when questioned by Congress on the dismissal of seven United States Attorneys. The Justice Department and Congress are still inquiring into evidence of wrong-doing.
Roger Clemens - Clemens is a former pitcher in Major League Baseball. He has been accused to taking performance enhancing drugs during his career. He is currently under investigation for his congressional testimony when he denied under oath that he ever used performance-enhancing drugs.
The Bush Pardons
As he neared the end of his second term, President George W. Bush had pardoned a relatively small number of offenders. At the end of December 2008, President Bush had issued less than half as many as President Bill Clinton issued during his two terms. Nearly 1,000 petitions for pardons and more than 2,000 bids for commutations of sentences were pending at the end of Bush's term. Unlike previous presidents, Bush pardoned few high-profile criminals, usually preferring one-time offenders who were found guilty of crimes that occurred years ago. An exception to this list is presidential adviser Lewis "Scooter" Libby, who was indicted on charges of obstruction and perjury for his testimony before a grand jury which was investigating the leak of the covert identity of Central Intelligence Agency officer Valerie Plume. Bush commuted Libby's prison sentence on July 2, 2007.
In the month leading up to Obama's innaguration Bush issued 19 pardons and commuted the sentence of three people. Included in the relatively low-profile list was Charles Winters, who helped the Jewish resistance during World War II and helped arm Jewish figures attempting to build a Jewish state in the late 1940's. Winters was convicted of illegally transporting arms.
For months before the innaguration, there was intense speculation that Bush might issue preemptive pardons for federal employees who engaged in possible criminal activities in the wake of the Sept. 11, 2001, attacks. Possible crimes committed included illegal interrogations of suspected terrorists, authorizing torture as a means to garner information, and authorization of illegal wiretapping of American citizens.
Likely administration pardon candidates included former counsel to the Vice President, David Addington and former Pentagon 
counsel William Haynes, both of whom were instrumental in developing "enhanced interrogation" regulations. Many human rights groups and some in the Democratic Party are pushing the Barak Obama administration to investigate whether these interrogations actually meet the criteria for torture.
Other citizens who were discussed for possible pardons includeD white collar criminals, popular athletes, and political figures. The following is a selection of high-profile Americans who were subjects of speculation in the U.S. media during December, 2008:
Lewis "Scotter" Libby - While Bush commuted Libby's sentence in 2007, Libby is currently not permited to practice law. A pardon would've changed this.
Michael Milken - Former junk bonds financier Milken was indicted on 98 counts of racketeering and securities fraud in 1989 for insider trading. He pled guilty to six securities and reporting violations and was sentenced to ten years in prison, but was released after less than two years. His pardon request to President Bill Clinton was not accepted.
Sen. Ted Stevens - The Alaska Republican was found guilty in October 2008 of corruption and has since lost re-election.
Final Acts of Clemency
With his final acts of clemency, President Bush granted early prison releases to two former U.S. Border Patrol agents on January 19th, 2009. The agents were convicted of shooting a Mexican drug dealer. Ignacio Ramos and Jose Compean were sentenced to more than 10 years for the shooting. White House officals claimed Bush commuted the men's sentences because he felt the prison terms were excessive.
No high-profile figures received pardons or commutations in Bush's final hours in office. This held true to his record of using the pardon power sparingly. President Bush granted 191 presidential pardons and 39 commuted sentences during his 8 years as president.
Past Presidential Pardons
Presidential pardons have generated controversy throughout the country's existence. In the 1790's, president George Washington offered the first pardon of criminal sentences, when he pardoned citizens who were found guilty of participating in an armed rebellion against the 
state to protest high alcohol taxes. Andrew Johnson pardoned Confederate soldiers in 1965 though many northerners considered southern troops traitors after the end of the Civil War.
The 20th century saw several significant pardons. Most famously, President Gerald Ford issued a pardon to former president Richard Nixon for his involvement in the Watergate scandal. The pardon was widely criticized at the time and many believe that Ford suffered a political backlash for his action. Jimmy Carter pardoned all draft resisters from the Vietnam War on his first day in office in 1976, also igniting debate. In 1992, President George H.W. Bush pardoned Former Defense Secretary Casper Weinberger and five other defendants for participating in the transfer of U.S. weapons to Iran during the Iran-Contra Affair. Bush was widely criticized for this action.
Bill Clinton granted 395 pardons during his presidency, comparable in number to other recent presidents. However, of that total 140 were issued on his final day in office. His final day pardon of financier Marc Rich, who had fled the country on tax evasion charges, immediately erupted in controversy. There were charges that emissaries of Rich had used personal influence and campaign contributions to win the pardon. Similar charges soon arose regarding other final day pardons, prompting calls for congressional hearings and action by federal prosecutors.
Notable Pardons
1795: President George Washington granted an amnesty, and later a pardon, to citizens who were found guilty of participating in an armed rebellion to protest high alcohol taxes.
1865: President Andrew Johnson pardoned most citizens of the Confederacy who had participated either directly or indirectly in the Civil War.
1921: President Warren Harding pardoned Eugene Debs, an American union leader and Socialist. Debs who was found guilty of violating the Espionage Act of 1917.
He was sentenced to serve ten years in prison.
1950: President Harry S. Truman commuted the death sentence of Oscar Callazo to life imprisonment. Callazo had attempted to assassinate Truman and killed one White House security officer. President Jimmy Carter later granted Callazo clemency in 1977.
1971: President Richard Nixon commuted the prison sentence of labor leader Jimmy Hoffa provided Hoffa took part in no union activities until 1980. Hoffa was serving a 15 year sentence for attempted bribery of a grand juror.
1974: President Gerald Ford pardoned former President Richard Nixon for his role in the Watergate scandal.
1977: President Jimmy Carter granted an amnesty on those who had avoided the draft during the Vietnam war.
1989: President Ronald Reagan pardoned George Steinbrenner, owner of the New York Yankees. Steinbrenner was found guilty of making illegal contributions to Richard Nixon's 1972 election campaign.
1992: President George H.W. Bush preemptively pardoned former Secretary of Defense Caspar Weinberger who had been indicted by a federal grand jury for lying to the Iran-Contra independent counsel during its investigation. Bush also pardoned five other convicted administration officials involved with the Iran-Contra scandal.
2001: Commodities trader Marc Rich was pardoned by President Bill Clinton in 2001. Rich had been found guilty of tax evasion and illegal oil trading with Iran and had been living outside the U.S. for almost 20 years.
2007: President George W. Bush pardoned Lewis "Scooter" Libby, who was indicted on charges of obstruction and perjury for his grand jury testimony regarding the leak of the identity of covert Central Intelligence Agency officer Valerie Plame.
Selected Resources
- Bibliography (additional citations not included in the JURIST bibliography noted above):
- Barcroft, A. A.
"The Presidential Pardon: a Flawed Solution," Human Rights Law Journal, v. 14, no. 11-12 (Dec. 31, 1993), p. 381-394.
- Dorris, Jonathan Truman.
Pardon and Amnesty under Lincoln and Johnson: the Restoration of the Confederates to Their Rights and Privileges, 1861-1898. Westport, CN: Greenwood Press, 1977, c1953.
- Dunne, Philip.
"The Verdict of History vs. a Presidential Pardon," Los Angeles Times, v. 107, sec. V, (Nov. 27, 1988), p. 3.
Guarding the Integrity of the Clemency Power, Federal Sentencing Reporter; Nov/Dec2000-Jan/Feb2001, Vol. 13 Issue 3/4, p180, 4p.
Krent, Harold J.
Presidential powers / Harold J. Krent
Publisher New York : New York University Press, c2005
Love, Margaret Cole
Reinventing the President's Pardon Power, Federal Sentencing Reporter; Oct. 2007, Vol. 20 Issue 1, p5-15, 11p. - McAllister, Bill.
"The Pardon: an Absolute and Controversial Presidential Power," Washington Post, v. 116, (Dec. 25, 1992), p. A26.
- Rozell, Mark J.
"The Presidential Pardon Power: a Bibliographic Essay," Journal of Law and Politics , v. 5, no. 2 (Winter 1989), p. 459-467.
- United States. Congress. Senate. Committee on the Judiciary.
The Pardon Attorney Reform and Integrity Act: Report together with Minority Views (to Accompany S. 2042). Washington, DC: U.S. G.P.O., 2000.
All Hot Topics text ©2008 Institute of Governmental Studies, UC Berkeley unless otherwise noted. Disclaimer.