What is a presidential pardon and its use in the USA?

Outgoing US President Joe Biden pardoned his son Hunter on Sunday for all federal crimes “that he committed or may have committed between January 1, 2014 and December 1, 2024.” The 54-year-old has faced legal problems related to tax violations and firearms-related charges. This has drawn renewed attention to the provision of the U.S. Constitution that grants the president the power to grant clemency, a power exercised by every president since George Washington.

What is the presidential pardon?

The U.S. Constitution grants the president the power to pardon federal crimes. Section 2 of Article II provides that the President “may grant pardons and pardons for offenses against the United States, except in cases of impeachment.” This authority applies only to federal crimes, not state crimes, and does not cover impeachment cases.

The concept of the pardon power originated in England, where kings had the power to grant clemency. While the Constitutional Convention debated whether Congress should authorize pardons or whether treason should be an exception, Alexander Hamilton argued that power should rest solely with the president. In Federalist No. 74, Mr. Hamilton explained that if one person were responsible for granting pardons, the danger of group decisions that could lead to inconsistency or leniency could be avoided. He also viewed power as a tool to unify the country, especially in times of rebellion or crisis.

Historical Use of the Presidential Pardon

The pardon power is one of the most controversial and debated aspects of the presidency. George Washington first used the pardon in 1795 when he pardoned 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 as part of his effort to heal a divided nation. In 1974, President Gerald Ford issued a controversial pardon to Richard Nixon for all crimes committed during the Watergate scandal. It attracted considerable criticism.

President Jimmy Carter also used the pardon power early in his term and granted amnesty to people who had evaded the draft during the Vietnam War. The decision was aimed at reconciling a nation deeply divided over the conflict.

When George W. Bush ended his presidency in 1992, he pardoned six people, including former Defense Secretary Caspar Weinberger, who were implicated in the Iran-Contra affair.

On the last day of his term in office in 2001, Bill Clinton pardoned his half-brother and made the highly controversial decision to pardon Marc Rich, a fugitive convicted of financial crimes whose ex-wife had been a major donor to Clinton’s campaign.

During his time in office, Barack Obama granted clemency to over 1,700 people, with a focus on those convicted of nonviolent drug offenses.

More recently, Donald Trump used his pardon power during his first term to help political allies and associates. He pardoned Charles Kushner, the father of his son-in-law Jared, who had been convicted of tax evasion and witness tampering. Other pardons included political consultant Steve Bannon, who was indicted for defrauding donors to a border wall project, and Paul Manafort, a top official in Trump’s 2016 campaign. Trump also pardoned Roger Stone, former New York Police Commissioner Bernard Kerik, the conservative politician Dinesh D’Souza and Republican donor Elliott Broidy.

Trump also granted clemency to rappers Lil Wayne and Alice Marie Johnson, who spent years in prison on drug charges. Trump suggested he might pardon those involved in the Jan. 6 attack on the Capitol, which would scuttle investigations and prosecutions related to the event.

Does India have the power to pardon the president?

In India, the President has the power to grant pardons, reprieves, relief and remission of sentences as set out in Article 72 of the Indian Constitution. The power allows the President to reduce or abolish the sentence of persons convicted of crimes, particularly in cases involving violations of Union law.

But unlike the US president, who can receive almost unlimited pardons, the Indian president must act on the advice of the cabinet.

The President may exercise this power in certain situations, such as cases where the punishment concerns an offense falling under Union jurisdiction, including military offenses. One of the most significant uses of this power is in cases involving the death penalty. The president can grant a pardon or reduce the sentence to life in prison or a lesser sentence.