The presidential pardon is a profound expression of executive clemency, granting the President of the United States the authority to forgive federal offenses, thereby restoring the rights and privileges forfeited due to criminal convictions. Rooted in the U.S. Constitution, this power has been exercised by presidents since the nation’s inception, serving as a tool for mercy, justice, and, at times, political strategy. In the past, presidents have used it sparingly but between Donald Trump and Joe Biden, thousands of pardons and commutations have taken place over the past few months.
Historical Origins and Constitutional Basis
The concept of the pardon power traces back to English history, known as the “prerogative of mercy,” which first appeared during the reign of King Ine of Wessex in the seventh century. Although abuses of the pardon power increased over time, leading to limitations on it, the pardon power persisted through the American colonial period. Recognizing its potential for justice and mercy, the framers of the U.S. Constitution incorporated this authority into Article II, Section 2, granting the president the power to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
Notable Uses of the Pardon Power
Throughout American history, presidents have employed the pardon power in various significant and sometimes controversial ways. George Washington issued the first high-profile federal pardon, forgiving leaders of the Whiskey Rebellion in 1794, who had protested a federal excise tax on whiskey. Andrew Johnson granted sweeping pardons to thousands of former Confederate officials and military personnel following the Civil War, aiming to facilitate national reconciliation. Gerald Ford pardoned former President Richard Nixon in 1974 for any crimes he might have committed during the Watergate scandal, a move intended to heal the nation but which sparked significant controversy.
During his first term, Trump was one of the most stingy presidents when it came to pardons and commutations. However, since taking office on January 20, 2025, Trump pardoned nearly 1,500 January 6 Rioters and recently gave a full pardon to former Illinois government Rod Blagojevich.
Controversies and Implications
The pardon power, while a tool for compassion and correction, has not been without controversy. Critics argue that it can be used for political expediency or to shield allies from accountability, potentially undermining the justice system’s integrity. For instance, Gerald Ford’s pardon of Richard Nixon was intended to prevent further national division but was perceived by many as an act of political favoritism, leading to a significant drop in Ford’s approval ratings. Similarly, Bill Clinton’s pardon of Marc Rich raised questions about the influence of political donations on clemency decisions.
In recent years, the use of pardons has continued to spark debate. Donald Trump’s pardons of close associates convicted of federal crimes led to discussions about the potential for abuse of this executive power. Joe Biden’s pardon of his son, Hunter Biden, in December 2024, reversed his previous stance against using clemency powers for family members, prompting discussions about impartiality and fairness in the application of justice.
Will Trump Keep Issuing Pardons
Trying to predict Trump’s next move is impossible. However, he is bent on reform of the Department of Justice and he has noted that there were many wrongful prosecutions. Trump does not seem like he is shy about making decisions about pardons when it involves those who are loyal to him. But what about the common man/woman who thinks they did not get a fair shake?
During the campaign, Trump famously said, “In the end, they’re not coming after me. They’re coming after you — and I’m just standing in their way.” People actually believe this, or at least over 70 million who voted for him. Now, people who are criminally justice involved, are seeing prosecutors fired, FBI agents targeted for firing and a call for the Department of Justice to focus on violent criminals. They want their cases reviewed and many see that Trump holds justice for them.
Kay Rogers served two years in federal prison for a bank loan that never materialized. Rogers, then-Butler County Auditor, was a republican in southwest Ohio when an investigation into public corruption ensnared her and others in a fraud investigation. Rogers, the single mother of 6, could not afford to high defense costs so she, like nearly 90% of all federal defendants, pled guilty. Now, years after being released from prison and completing 5 years of supervised release, Rogers thinks it is enough. “I’ve paid my debt to society long ago,” Rogers said in an interview, “ I just want to move on with my life and restitution on a debt I had nothing to do with still hangs over my head.” Rogers says the U.S. government has a lien on her house, the last asset in her name. She also has a pardon pending in the Pardon Office, “If I could just get Trump’s people to look at it.”
Optimism for More Pardons
The pardon office is always busy and Trump recently made news when the New York Times reported that he was considering having pardoned Alice Johnson to become the Pardon Czar. In 2018, Kim Kardashian brought Johnson’s case to Trump’s attention at a meeting organized by Jared Kushner, Trump’s son-in-law and one of the driving forces on criminal justice reform. A week later, Trump, at the time in his first term in the White House, commuted Johnson’s sentence and in 2020 he granted Johnson a full pardon.
There is plenty to be hopeful about regarding pardons. It is the quickest way to influence the criminal justice system. Even people who have either pled or been convicted and are now in prison want their cases reviewed for a pardon. In the past, most pardon’s were given to those who had completed their sentence and resumed a productive life in society. Now, people who have not even been sentenced are seeing relief (reference Hunter Biden).
Up Next
The presidential pardon remains a powerful and complex instrument within the U.S. legal system. Its application reflects the delicate balance between justice and mercy, authority and accountability. As history demonstrates, while pardons can serve as acts of grace and reconciliation, their misuse or perception thereof can lead to significant public outcry and lasting political ramifications. The ongoing discourse surrounding this executive power underscores its profound impact on the nation’s legal and political landscape. Trump, who is certainly shaking things up, will likely continue to do so and pardons could play a big role in his influence on the courts and law enforcement.
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