What are the rules for presidential pardons, may the President self-pardon, and what other types of mercy can be granted by the President?
What you will discover:
What exactly is a pardon?
What are the bounds of presidential pardons? Can a pardon be revoked?
Can the President forgive himself or herself?
Is the timing of presidential pardons important?
What exactly is the difference between a pardon and a commutation?
The President of the United States is given several authorities under the Constitution. The ability to issue pardons is one of these authorities, which is conferred in Article II, Section 2. The President, according to the Constitution, “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
The President may utilize presidential pardons for any “offences against the United States,” which means that the pardon authority may only be used for federal misdeeds, not state charges. So, what is the President’s entire pardon authority, can the President self-pardon, and what other sorts of mercy may the President grant?
Table of Contents
What exactly is a pardon?
A presidential pardon absolves a person who has committed a crime of fulfilling their sentence. A pardon does not clear a criminal record or remove a conviction. However, any civil rights that were lost as a result of the criminal conviction will be restored.
What are the bounds of presidential pardons? Can a pardon be revoked?
There are two restrictions to the pardon power:
The President cannot override Congress’ impeachment authority.
Individuals cannot be pardoned by the President for state offenses committed. State governors have this authority.
The President’s pardons cannot be reversed by the courts or Congress.
Can the President forgive himself or herself?
The idea of a Presidential self-pardon dates back to Richard Nixon’s administration. During that time, a report from the Department of Justice’s Office of Legal Counsel said, “Under the fundamental rule that no one may be a judge in his own case, it would seem that the question should be answered in the negative.”
However, this is just an opinion, not real legislation. Nixon did win a presidential pardon, but from his former vice president, Gerald Ford. Nixon was pardoned for offenses he “committed or may have committed or participated in between January 20, 1969 and August 9, 1974.” Based on the precise phrasing of this particular pardon, Richard Nixon was effectively granted immunity from criminal prosecution coming from the Watergate scandal.
Is the timing of presidential pardons important?
No, the time of a pardon is irrelevant. The Supreme Court held in Ex parte Garland that a president may give a pardon at any time after committing a felony. This implies that a person does not even have to be charged with a crime before being granted a pardon.
What exactly is the difference between a pardon and a commutation?
A commutation, as opposed to a presidential pardon, may also be granted by the president. A commutation is a decrease in a person’s penalty, which might result in a lower fine or less time in jail. Commutations do not restore one’s civil rights (for example, the ability to vote). However, such privileges are usually restored with a pardon.
