In the U.S., the federal commutation or pardon process reflects the President’s Constitutional authority to extend mercy to individuals who have committed federal crimes. Article II, Section 2 of the U.S. Constitution grants the President the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of impeachment.” This essay discusses the evolution of the federal commutation and pardon process, its historical context, and some of the most significant commutations in U.S. history.
The Presidential pardon power was a subject of debate among the Founding Fathers, with Alexander Hamilton arguing in the Federalist Papers No. 74 that “humanity and good policy” require pardons as a check against the judiciary. Throughout history, Presidents have used these powers in varying degrees, guided by Department of Justice protocols and political discretion.
The process begins when an individual convicted of a federal crime submits a petition for commutation or pardon to the Office of the Pardon Attorney within the Department of Justice. The petition includes personal background, details of the conviction, reasons for seeking clemency, and supporting documentation. The Pardon Attorney reviews the petition, conducts an investigation, and submits a recommendation to the Deputy Attorney General, who forwards it to the White House Counsel. Ultimately, the decision to grant or deny clemency rests solely with the President.
Notable Commutations in U.S. History:
Abraham Lincoln and the Dakota 38: In the aftermath of the U.S.-Dakota War in 1862, President Lincoln commuted the death sentences of 265 Dakota warriors, but allowed the execution of 38, in what remains the largest mass execution in U.S. history. This marked a controversial and significant use of the President’s clemency power.
Gerald Ford and Richard Nixon: In one of the most notable uses of the presidential pardon, President Ford granted an absolute pardon to former President Nixon for any crimes he might have committed against the U.S. while in office. Ford argued it was necessary to heal the nation post-Watergate, but the decision was controversial and may have cost him re-election.
Barack Obama and Drug Offenders: During his term, President Obama granted clemency to 1,715 individuals, the vast majority of whom were nonviolent drug offenders sentenced under mandatory minimum laws. This was part of an initiative to mitigate the effects of previous harsh sentencing laws on low-level drug offenders.
Donald Trump and Alice Johnson: In a high-profile case, President Trump commuted the life sentence of Alice Marie Johnson, a first-time nonviolent drug offender, after her case was brought to his attention by celebrity Kim Kardashian West. Johnson’s case highlighted the debate over sentencing reform and the power of celebrity advocacy in the clemency process.
The Presidential power to commute sentences or pardon individuals is a vital aspect of the U.S. criminal justice system, reflecting the inherent belief in mercy, rehabilitation, and second chances. This power has been employed variously throughout history, shaped by evolving social contexts and perspectives on justice. As the discourse around criminal justice reform continues, the federal commutation and pardon process remains an essential tool for addressing systemic issues and individual cases of perceived injustice.
