About Pardons

A pardon is legal forgiveness for a crime issued by an executive of government. It exempts an individual from punishment for a criminal offense and releases a person from any criminal liability. A pardon is the most absolute legal remedy offered to those convicted of crimes and can only be granted by the president of the United States or the governor of a state.

Function

When a person is pardoned of a crime, the conviction is essentially wiped off his record and he is released from all legal consequences associated with the crime (except civil liability). If an incarcerated person is pardoned, he is immediately released from custody, and any associated fine, probation or other restrictions are also nullified.

Types

The most powerful pardon is one granted by the president of the United States. The president's pardon power is granted by the United States Constitution and is absolute; it is not subject to review. The president can issue a pardon for any crime.

In many U.S. states, the governor also can grant pardons. The exact pardon power of governors is spelled out in state constitutions and the limits vary from state to state. Usually a governor can pardon an individual for state crimes, and a governor-issued pardon has the same effects with respect to nullifying imprisonment, fines and probation.

History

More than 25,000 presidential pardons have been granted in the history of the United States. The first were issued by George Washington to the leaders of the Whiskey Rebellion. The most famous pardon was the one granted by Gerald Ford to Richard Nixon, who received a full and unconditional pardon for his role in the Watergate scandal and its aftermath.

Considerations

A pardon is not to be confused with a commutation issued by the president or a governor. A commutation occurs when a government executive mitigates a portion of a person's sentence without vacating the conviction. For example, a governor could commute a death sentence to life in prison, or commute a person sentence to a term of probation.

Misconceptions

During the presidency of George W. Bush, I. Lewis "Scooter" Libby was not pardoned. Libby, former chief of staff for Vice President Dick Cheney, was convicted in federal court of perjury, obstruction of justice and making false statements to investigators, and was sentenced to 30 months in federal prison, a fine of $250,000 and community service. Bush commuted Libby's prison term, leaving the rest of the sentence to stand. Because he was not pardoned, the conviction remains on Libby's record.

Theories/Speculation

Because the president's pardon power is absolute and not reviewable, many presidents have granted record numbers of pardons in the final days, or hours, of their term in office. This has led to speculation that past presidents have used the pardon power to grant favors for family members or associates.

This speculation was particularly present during the final hours of Bill Clinton's time in the White House when he pardoned his half-brother, Roger Clinton, who was convicted of drug charges more than a decade earlier and had already completed his sentence. Clinton also pardoned Susan McDougal, an associate of the Clinton's who served 18 months in prison on contempt of court charges.