Article II, Section 2 of the U.S. Constitution outlines the presidential pardon, which grants the President the authority to forgive individuals convicted of federal crimes.
On Sunday, outgoing President Joe Biden pardoned his son, Hunter Biden, for any federal crimes he committed or may have committed between January 1, 2014, and December 1, 2024. Hunter Biden, 54, faced legal troubles involving tax violations and firearms-related charges.
Biden’s pardon has renewed attention on the constitutional provision that allows the President to offer amnesty, a power exercised by every President since George Washington.
What Is the Presidential Pardon?
The U.S. Constitution gives the President the power to pardon federal offences. Section 2 of Article II states that the President can “grant Reprieves and Pardons for Offences against the United States,” except in cases of impeachment. This power applies solely to federal crimes and does not cover state offences or impeachment cases.
The concept of the pardon power originates from England, where monarchs had the authority to grant mercy. During the Constitutional Convention, there was debate about whether Congress should approve pardons or if treason should be an exception. However, Alexander Hamilton argued that the power should rest solely with the President.
In Federalist No. 74, Hamilton explained that having one person in charge of issuing pardons would avoid the dangers of group decisions, which could lead to inconsistency or undue leniency. He also saw power as a tool to unite the country, especially during rebellion or crisis.
Historical Use of the US Presidential Pardon
The power to pardon is one of the presidency’s most controversial and widely discussed aspects. For instance, George Washington’s first use of the pardon occurred in 1795 when he forgave participants in the Whiskey Rebellion, a violent protest against a federal tax.
Abraham Lincoln famously used his pardon power during and after the Civil War, offering amnesty to former Confederate soldiers to heal a divided nation. In 1974, President Gerald Ford issued a controversial pardon to Richard Nixon for any crimes committed during the Watergate scandal, an action met with significant criticism.
Similarly, President Jimmy Carter utilized the pardon power early in his administration by granting amnesty to individuals who evaded the draft during the Vietnam War. This decision aimed to reconcile a nation deeply divided over the conflict.
As George H. W. Bush concluded his presidency in 1992, he pardoned six individuals involved in the Iran-Contra affair, including former Defense Secretary Caspar Weinberger.
On his final day in office in 2001, Bill Clinton pardoned his half-brother. He made a highly controversial decision to grant amnesty to Marc Rich, a fugitive convicted of financial crimes whose ex-wife had been a significant donor to Clinton’s campaign.
President Barack Obama granted clemency to over 1,700 individuals, focusing on those convicted of nonviolent drug offences.
In his previous term, Donald Trump used his pardoning power to help political allies and associates. He pardoned Charles Kushner, the father of his son-in-law Jared Kushner, who was convicted of tax evasion and witness tampering. Other pardons included political advisor Steve Bannon, who faced charges related to defrauding donors for a border wall project, and Paul Manafort, a top official in Trump’s 2016 campaign.
Trump also pardoned Roger Stone, former New York City Police Commissioner Bernard Kerik, conservative figure Dinesh D’Souza, and Republican donor Elliott Broidy. He granted clemency to rappers Lil Wayne and Alice Marie Johnson, who had spent years in prison for drug offences. Trump suggested he might pardon those involved in the January 6 Capitol attack, which would undo investigations and prosecutions related to the event.
Does Pakistan Have the Presidential Pardon Power?
Pakistan’s President holds the power to grant pardons, reprieves, respites, and remissions of punishment, as outlined in Article 45 of the Constitution of Pakistan. This provision allows the President to reduce or eliminate the punishment for individuals convicted of offences, including those sentenced to death.
However, similar to India, the President of Pakistan exercises this power based on the advice of the Prime Minister and the Cabinet. The President does not act independently in granting pardons; the executive branch’s recommendations influence decisions.
The President’s clemency powers can be applied to federal offences, military law violations, and sentences imposed by any court or tribunal. This mechanism serves as a tool for justice and mercy within the legal framework, allowing for mitigation in special circumstances.
