One of the powers retained by the President of the United States is the “presidential pardon.” You may also see news coverage of a president “commuting” the sentence of a given offender. Presidential pardons and commutations are an authority granted to the president by the Constitution, and it’s a power that presidents often exercise, especially at the ends of their terms. Read on to learn about presidential pardons and commutations and what exactly the two terms mean.

What are Presidential Pardons? What are Presidential Commutations?

Presidential pardons and commutations are both types of “executive clemency.”

A commutation is when the president cuts short the sentence of an individual who is currently incarcerated in some form. Essentially, a commutation says: “You’ve served enough time for the crime that you’ve committed, I’m going to take away the rest of your sentence.” This does not mean that the person whose sentence is commuted is innocent. The person’s conviction stays on their record, and they’re still subject to certain restrictions known as “civil disabilities”–for example, a felon whose sentence is commuted is still unable to vote in some places, own a gun, or sit on certain kinds of juries.

In contrast, a pardon is given after a person has already served their time, or passed away. According to the Department of Justice, it is given in “recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence.” A pardon does restore the civil disabilities that apply to convicted criminals. Like a commutation, a pardon doesn’t automatically take the person’s crime off their record. A released offender cannot apply for a pardon until at least five years have passed since their release. Pardons can also be granted somewhat preemptively, as President Gerald Ford did when he pardoned President Richard Nixon, which prevents charges from being filed or leads to the dismissal of charges already levied.

Pardons and commutations are by far the most well-known and frequently used forms of executive clemency. There are, however, other types that the president can exercise. One is called a “remission” and relieves the individual of the financial penalties associated with their conviction. Sometimes a remission is given as part of a commutation. Additionally, there’s a “respite,” which is sort of a pause in a sentence, usually given to inmates who are sick.

What Kinds of Crimes can the President Pardon or Commute?

The president can only grant executive clemency for federal crimes, or “offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court.” The president has no ability to pardon or commute crimes that were prosecuted at the state level. The ability to pardon or commute state crimes varies from state to state. In many states, the authority to pardon or commute an offender lies completely with the top executive of the state, namely, that state’s governor. In 20 states, the governor gets to make the decision but each clemency needs the approval of an independent commission. Other states have different processes, including independent boards or commissions.

What Gives the President the Ability to Grant Executive Clemency?

The presidential power to pardon and commute sentences comes from Article II, Section 2 of the Constitution. It states that “he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” It has been referred to as the president’s only “absolute power.” The Supreme Court has been asked to review this power in the past, and determined on two separate occasions that it has no ability to limit the president’s power to pardon or commute sentences.

How Often do Presidents Pardon or Commute Sentences?

There are only two presidents in the history of the United States that never issued a pardon or commuted a sentence, likely as a result of the fact that they both died relatively quickly after assuming office. President William Henry Harrison died just 32 days into his term and President James Garfield was assassinated just 200 days into his term.

Here’s a breakdown of presidential pardons in the 20th and 21st centuries:

• William McKinley (1897-1901) granted 446 acts of executive clemency
• Theodore Roosevelt (1901-1909) granted 1099 acts of executive clemency
• William H. Taft (1909-1913 granted 831 acts of executive clemency
• Woodrow Wilson (1913-1921) granted 2,827 acts of executive clemency
• Warren G. Harding (1921-1923) granted 773 acts of executive clemency
• Calvin Coolidge (1923-1929) granted 1,691 acts of executive clemency
• Herbert Hoover (1929-1933) granted 1,198 acts of executive clemency
• Franklin Delano Roosevelt (1933-1945) granted 3,796 acts of executive clemency
• Harry S. Truman (1945-1953) granted 2,044 acts of executive clemency
• Dwight D. Eisenhower (1953-1961) granted 1,157 acts of executive clemency
• John F. Kennedy (1961-1963) granted 575 acts of executive clemency
• Richard Nixon (1969-1974) granted 926 acts of executive clemency
• Gerald Ford (1974-1977) granted 409 acts of executive clemency
• Jimmy Carter (1977-1981) granted 566 acts of executive clemency
• Ronald Reagan (1981-1989) granted 406 acts of executive clemency
• George H.W. Bush (1989-1993) granted 77 acts of executive clemency
• Bill Clinton (1993-2001) granted 459 acts of executive clemency
• George W. Bush (2001-2009) granted 200 acts of executive clemency
• Barack Obama (2009-2017) granted 1,927 acts of executive clemency

It’s important to note that those numbers, when taken at face value, don’t tell you everything you need to know about acts of executive clemency granted by presidents over the last century. While Obama is widely viewed as having given the most acts of executive clemency since Truman, The Pew Research Center notes that he also received significantly more requests than his recent predecessors, and still only granted a small percentage of those requests. These numbers also don’t include mass acts of clemency–both Ford and Carter issued executive orders that forgave men who dodged the draft in the Vietnam War.

While presidents can pardon people or commute sentences at really any time, there’s a tradition of presidents issuing more controversial acts of executive clemency right at the end of their terms. Pardons and other acts of executive clemency tend to be somewhat politically controversial, but they cannot be undone by a president’s predecessor. Waiting until the end of a president’s term to issue pardons instead of, for example, issuing them during an election when the political blowback could affect their party’s nominee, makes logical sense.

Notable Cases of Executive Clemency 

Gerald Ford Pardons Richard Nixon 

Perhaps one of the most famous instances of executive clemency occurred on September 8, 1974, when President Gerald Ford pardoned disgraced former President Richard Nixon. Nixon had resigned after the controversy surrounding the Watergate scandal, and Vice President Gerald Ford–who became VP after Nixon’s first Vice President resigned–succeeded him in August 1974.

Ford’s pardon of Nixon was somewhat unusual in that Nixon wasn’t at that point charged with or convicted of any crimes. While the House of Representatives had dropped its impeachment charges against him when he resigned, he could still be prosecuted in a criminal court for his involvement in the Watergate scandal and the aftermath of the scandal. Ford’s pardon was for any crimes that Nixon had committed, and essentially ensured he could never be prosecuted.

Ford’s move to pardon Nixon was highly controversial. He was accused of having made some sort of deal with Nixon, and the pardon caused his poll numbers to quickly plummet. Ford’s choice to pardon Nixon is widely viewed as one of the major reasons why he lost the 1976 election to Jimmy Carter.

Other Notable and Controversial Pardons

Another controversial pardon was when Bill Clinton pardoned his younger half-brother, Roger Clinton Jr. Roger Clinton was one of 140 people pardoned by Bill Clinton on his last day in office. He had served a year in prison in the 1980s after being convicted of possessing cocaine.

Jimmy Hoffa, the leader of the Teamsters Union, was serving a 15-year prison sentence for jury tampering and fraud when his sentence was commuted by President Richard Nixon in 1971. Nixon’s pardon came with strings attached, however. Hoffa was not allowed to “engage in direct or indirect management of any labor organization” until 1980.

On December 24, 1992, roughly a month before he left office, President George H.W. Bush pardoned former Defense Secretary Caspar W. Weinberger and other government officials involved in the Iran-Contra affair.

Right before the end of his presidency, in December 2016, President Barack Obama commuted the sentence of Chelsea Manning. Manning was serving a 35-year sentence after leaking a number of classified documents.

Conclusion

The ability to grant executive clemency is one of the most exceptional powers that the President of the United States holds. In some ways, it flies contrary to the important system of checks and balances that defines the three branches of our federal government. Because of this, and because of the way that some of our past presidents have elected to exercise it, it’s a controversial power. But as long as it consistently makes its way into the news at the end of presidential terms, it’s important to remember how it works.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Obama commutes sentence of Chelsea Manning. How many people died because of manning’ leak? https://t.co/WrijBtp4fo

— Judith Miller (@JMfreespeech) January 17, 2017

Miller, now a Fox News contributor, is the former New York Times reporter who wrote a series of stories on the presence of weapons of mass destruction in Iraq using unnamed sources who gave Miller information that we now know to be completely false. After they were published, Bush administration officials used Miller’s stories as verified evidence of the presence of WMDs in Iraq, which helped to bolster support for the Iraq War–a more than $2 trillion military endeavor that resulted in the deaths of over 4,000 U.S. troops and millions of Iraqi civilians, as well as thousands of U.S soldiers who have been wounded both physically and mentally.

In 2015, Miller published her memoir, “The Story: A Reporter’s Journey,” in which she tried to rationalize her reporting and divert blame to her sources who, as she told Jon Stewart, “had never been wrong before.” Twitter wasted no time pointing out the hypocrisy of Miller’s Manning tweet, unleashing a flood of backlash.

@JMfreespeech pic.twitter.com/tt7xpnZuNZ

— Philip Lewis (@Phil_Lewis_) January 17, 2017

@JMfreespeech pic.twitter.com/GG40QGenQj

— Erick Fernandez (@ErickFernandez) January 17, 2017

@JMfreespeech pic.twitter.com/rm1eG6Pdt8

— Erick Fernandez (@ErickFernandez) January 17, 2017

@JMfreespeech I dunno, Judith. How many died because you peddled lies about Saddam’s WMD?

— Mark Colvin (@Colvinius) January 17, 2017

.@JMfreespeech Good question. The answer is: None. Zero.
How many people died because of the Iraq War you helped enable with fake news?

— Peter Kofod (@peterkofod) January 17, 2017

@JMfreespeech Do you realize you’re THAT Judith Miller?

— Meredith Haggerty (@manymanywords) January 17, 2017

@JMfreespeech you literally caused the iraq war to happen under false pretenses, bye.

— Myles Tanzer (@mylestanzer) January 17, 2017

@JMfreespeech Your lies contributed to the deaths of more than 170,000 people. You are a weapon of mass destruction.

— Pete Forester (@pete_forester) January 17, 2017

@JMfreespeech Talk about the pot telling the kettle lies in order to start the iraqi war

— Sir Jeffington IV (@JeffCerulli) January 17, 2017

Judith Miller should probably sit this one out.

— Jane Coaston (@cjane87) January 17, 2017

In an attempt to quell the online hate, Miller took time out to respond to one of her critics–and plug her book.

@HarleyPeyton not lies or propaganda, but Intel estimates that proved wrong.Big https://t.co/t0K4ba5ucQ “The Story, a Reporter’s Journey”

— Judith Miller (@JMfreespeech) January 17, 2017

However, that response quickly backfired as well.

@JMfreespeech @HarleyPeyton From the NYT: “This sad and flawed book won’t help her be found.”

— Greg McMullen (@gmcmullen) January 17, 2017

@JMfreespeech @HarleyPeyton “To PROVE I’m not a lying sociopath, read my book: I’m Not a Lying Sociopath” By Judith Miller.
uh… ‘Kay. pic.twitter.com/QJPDsXjmsp

— Tony (@jaxtonypiper) January 18, 2017

@JMfreespeech @HarleyPeyton Sorry, Judy, but the author of that book has been thoroughly discredited by real journalists.

— (((TonyD))) (@Dogger55) January 17, 2017

@JMfreespeech @HarleyPeyton Girl….

— Charlie (@notcharchar) January 17, 2017

Regardless of where one stands on the Chelsea Manning commutation, one issue we can all agree on is that Judith Miller should not be the moral arbiter for anything.

Austin Elias-De Jesus

Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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Whistleblower Chelsea Manning is reportedly on President Barack Obama’s shortlist for a possible commutation, according to a source from the Justice Department. Manning, formerly known as Bradley, is serving a 35-year sentence at Fort Leavenworth, Kansas for leaking almost a million classified documents while working as an intelligence analyst. More than 100,000 people signed an online petition campaigning for a commutation last month, exceeding the number of signatures needed for the White House to act within 60 days.

Manning has been imprisoned since 2010. She tried to commit suicide twice while in jail and also went on a hunger strike in an attempt to receive gender reassignment surgery. This request was eventually granted. Her critics have called her a traitor and many in the military view her with disdain for exposing secret U.S. military information. But still, her supporters say that what Manning revealed didn’t cause any harm to U.S. interests, only embarrassment. She also made a sincere apology before the sentencing. But the judge sentenced her to 35 years in prison—ten times longer than sentences some other whistleblowers have received.

Chelsea Manning has been put on President Obama’s short list for possible commutation https://t.co/aWgoJn6YKt. pic.twitter.com/dgp34Joao9

— The Daily Beast (@thedailybeast) January 11, 2017

“After this case, I had to tell Chelsea–‘I’ve represented murderers. I’ve represented rapists. I’ve represented child molesters. And none of them received 35 years,'” said defense lawyer David Coombs. Manning was also placed in solitary confinement for almost a year before the trial. In a letter accompanying the petition that was sent to President Obama, she describes a complicated family background; she was struggling with gender identity and trying to fit in while growing up, and was kicked out from her home by her father’s new wife. After being homeless for several months, her paternal aunt Deborah Manning got in touch and took her in.

Manning’s case broke almost concurrently with Edward Snowden’s–and Snowden had leaked significantly more damaging information. Four Army intelligence officers that spoke to NBC said that what Manning leaked was nothing compared to what Snowden revealed. They believe that the sentence seems exaggerated. And her aunt agrees. “I really believe the judge felt she needed to send some sort of message,” Deborah Manning said. “I think in a way she was a scapegoat for Edward Snowden.” And Snowden showed his support in a tweet.

Mr. President, if you grant only one act of clemency as you exit the White House, please: free Chelsea Manning. You alone can save her life.

— Edward Snowden (@Snowden) January 11, 2017

Her aunt and Manning’s legal team have also cited the urgent need for better care, as she is suffering from gender dysphoria related anxiety, distress, and depression. Manning’s aunt said, “I would say this is someone who’s never had a chance in life, who is extremely bright, who became extremely emotionally distressed as some point, who made a bad decision, who paid for that bad decision.”

Manning spoke to VICE News through a liaison and said: “I’m staying optimistic. Regardless of the outcome, I am eternally grateful I have so much love and support out there.”

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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President Barack Obama furthered his quest to give nonviolent prisoners second chances on Monday, when he granted a total of 231 convicts clemency, the largest single act of clemency by a president in the nation’s history. Obama pardoned 78 prisoners, and commuted the sentences of 153 others, bringing his total acts of clemency to 1,324, more than the last 11 presidents combined, and 50 times more than his predecessor, George W. Bush.

Many of the prisoners were convicted of nonviolent, drug-related crimes, and many of them were sentenced under drug laws from decades ago, which are harsher than those in place today. For example, one prisoner who Obama pardoned, Robert Spencer Baines, was convicted in Maine for “conspiracy to possess, possession with intent to distribute over 1,000 pounds of marijuana” in 1986. A pardon erases any legal liabilities from a previous conviction, including restoring a felon’s right to vote, and hold state or local office.

“While each clemency recipient’s story is unique, the common thread of rehabilitation underlies all of them,” White House Council Neil Eggleston wrote in a statement released Monday, adding that all recipients “demonstrated that they are ready to make use — or have already made use — of a second chance.”

More than 30,000 prisoners have applied for the chance to have their cases reviewed by the president. The review process is time consuming and goes through a number of filters. Before a case lands on Obama’s desk, the Clemency Project, an initiative of several advocacy groups, sifts through the applications. Government lawyers and private law firms review the individual cases as well, passing on violent offenders or cases that otherwise did not meet the Justice Department’s standards.

Some have called on Obama to take his clemency powers a step further, and issue a blanket pardon of young undocumented immigrants, and of nonviolent drug offenders. That will not happen, according to Attorney General Loretta Lynch, who said last week: “The issue of pardoning someone is an individual decision that’s made on a case-by-case basis, and so there’s no legal framework or regulatory framework that allows for a pardon of a group en masse.”

Almost exactly a year ago, Obama commuted the sentences of 95 federal prisoners. “If we can show at the federal level that we can be smart on crime, more cost effective, more just, more proportionate, then we can set a trend for other states to follow as well,” he said at the time. It’s unclear if similar actions will be taken by President-elect Donald Trump, who has indicated he will be tough on crime. But Eggleston said Obama plans on reviewing cases until the day he leaves office.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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