Jan 3 2009
The President derives the power of pardon from Article II, Section 2 of the U.S. Constitution, which gives the president "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."
A reprieve reduces the severity of a punishment, but the person remains "guilty." A pardon removes both punishment and guilt, which is why pardons are more likely to be controversial.
The process for obtaining a pardons begins with an application to the Department of Justice Office of the Pardon Attorney. The DOJ consults with other lawyers and judges for recommendations; the FBI runs a check on the applicant. After winnowing the applicants, the DOJ provides a list of recommendations to the office of the White House Counsel.
Historical Pardons
Historically, Presidents used the power to pardon to heal rifts in the national psyche. As President Bush said on 24 December 1982, "When earlier wars have ended, Presidents have historically used their power to pardon to put bitterness behind us and look to the future."
For example, George Washington pardoned leaders of the Whiskey Rebellion; James Madison pardoned Lafitte's pirates after the War of 1812; Andrew Johnson pardoned Confederate soldiers after the Civil War; Harry Truman pardoned those who violated World War II Selective Service laws; and Jimmy Carter pardoned Vietnam War draft dodgers.
The modern-day pardon, however, has taken a decidedly more political turn. And it may help its recipient find a job and regain the right to vote.
Nixon
In modern history, the most controversial pardon is probably the 1974 pardon of former President Richard Nixon, issued by President Gerald Ford. Ford assumed the presidency on 9 August 1974, the day after President Nixon resigned over Watergate, pending impeachment. Ford pardoned Nixon on 8 September 1974. Although Carter made a campaign issue of the Nixon pardon, in retrospect Ford's action was brave (it was political suicide) and helped a divided nation begin to heal.
Iran-Contra
On 24 December 1992, President George Bush pardoned six Reagan administration officials involved in the Iran-Contra Affair: Elliott Abrams, Duane R. Clarridge, Alan Fiers, Clair George, National Security Adviser Robert C. "Bud" McFarlane and Secretary of Defense Caspar W. Weinberger. He compared their actions to those pardoned by Madison, Johnson, Truman and Carter: "In many cases, the offenses pardoned by these Presidents were at least as serious as those I am pardoning today."
Learn More About Presidential Pardons:
- Pardons, An Overview
- NEXT: The Six Iran/Contra Pardons
- President Clinton's Pardons
- President George W. Bush's Pardons