The power to pardon allows the sitting President of the United States (US) to grant federal pardons in order to correct miscarriages of justice and offer clemency for the repentant, according to constitution.congress.gov. However, it is necessary to consider the long-term effects on public trust and the integrity of the legal system. Despite grounding principles of mercy and justice, the use of presidential pardons as a means of self-interest over fairness suggests that this is regularly a tool for political manipulation. Therefore, increased transparency and political reform are crucial to ensuring that pardons serve a noble purpose, rather than as instruments of political gain or evading responsibility.
Article II, Section 2 of the Constitution states that the president is the Commander-in-Chief and have the power to grant reprieves and pardons for offenses against the US, according to constitution.congress.gov. The intended, noble reasons for granting pardons include correcting miscarriages of justice, offering a second chance, pardoning the innocent, and promoting national reconciliation. In fact, the Office of the Pardon Attorney at the Department of Justice (DOJ) issues guidelines for the application of clemency (pardon, amnesty, commutation, or reprieve), but presidents do not need to follow them. Nevertheless, presidents cannot grant pardons in cases of impeachment, offenses against the US, or a state conviction, according to cbs.news. While this limits the power of the pardon to an extent, presidents throughout US history have used this relatively unchecked power to their political advantage.
During recent presidencies, pardons have both defended justice and served as a tool for political gain. In his first term, former President Donald John Trump issued 237 acts of clemency, which included individuals with close ties to his family, political allies, and controversial figures, among others, according to cbs.news. As Mr. Trump prepares to begin his second term, he has stated his intention to offer pardons or commutations to those convicted of crimes related to the Capital attack, January 6, 2021, according to the theguardian.com. Although this intention prompts some support from his base, many criticize these actions to pardon as undermining the criminal justice system. Truly, the frequent use of pardons, especially those stemming from political motives, can have a profound impact on the DOJ. By suggesting that those with power can undermine justice, the legal system loses credibility and integrity.
Last month, President Joseph Robinette Biden pardoned his son, Mr. Robert Hunter Biden, despite previously vowing otherwise, commuted the sentences of nearly all federal prisoners on death row, and granted over 1,500 other acts of clemency. Mr. Hunter Biden was pending a sentence on federal tax evasion and gun charges, but President Biden granted a broad pardon encompassing any offense against the US from January 1, 2014, to December 1, 2024, according to nymag.com. President Biden pardoned his son, as he believes Mr. Hunter Biden’s prosecution was an act of political retaliation, according to whitehouse.gov. For past and present presidents alike, balancing mercy and compassion with justice and accountability has proven to be a challenging task, as pardons granted for personal or political gain undermine public trust. Thus, increased transparency is essential to maintaining a positive relationship with the public while enacting this power.
The power to pardon is one of the most controversial abilities of the sitting president. In fact, the president to grant the greatest number of pardons in office was former President Franklin Delano Roosevelt. During his time in office, the 32nd president issued a total of 3,687 pardons from 1933 to 1945. Then, in 1974, former President Gerald Rudolph Ford controversially pardoned former President Richard Milhous Nixon for all crimes related to the Watergate scandal, according to cbs.news. However, this choice did not come without repercussions for Mr. Ford. Following this pardon, his approval rating dropped 20 points, and Mr. Ford later lost the 1976 election, according to cbs.news. The pardon of Mr. Nixon shows the substantial sway of public opinion in the aftermath of a controversial pardon and the detrimental effects on the political future of a president. However, Mr. Ford argued that pardoning Mr. Nixon was in the best interest of the country and would help the US avoid further political turmoil, according to constitutioncenter.org. Despite the controversy, the pardoning of Mr. Nixon is a noble act aimed at fostering national healing.
Today, increased media and public pressure have a considerable influence on the fairness of pardon decisions, according to cbs.news. Presidents issue most pardons in the final months of their presidency to minimize unfavorable reactions from the public. This suggests that presidential pardons often have political influence and motives beyond the intention of compassion and justice. The tradition of issuing pardons towards the end of a presidential term further contributes to the controversy surrounding such a delicate power.
Ultimately, if the system is able to reduce sentencing disparities, biases, and over-incarceration, justice reforms could reduce the need for pardons in the first place. While the intention of presidential pardons is to serve a noble purpose, their current use requires greater scrutiny and political reform. This executive power should be a tool for justice and reconciliation, not a means of political favoritism or avoiding accountability.
Featured Image by Brianna Timlin ’26
