Presidential Pardons: Overview and Selected Legal Issues

"Article II, Section 2 of the U.S. Constitution authorizes the President “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” The power has its roots in the king’s prerogative to grant mercy under early English law, which later traveled across the Atlantic Ocean to the American colonies. The Supreme Court has recognized that the authority vested by the Constitution in the President is quite broad, describing it as “plenary,” discretionary, and largely not subject to legislative modification. Nonetheless, there are two textual limitations on the pardon power’s exercise: first, the President may grant pardons only for federal criminal offenses, and second, impeachment convictions are not pardonable. The Court has also recognized some other narrow restraints, including that a pardon cannot be issued to cover crimes prior to commission.

The pardon power authorizes the President to grant several forms of relief from criminal punishment. The most common forms of relief are full pardons (for individuals) and amnesties (for groups of people), which completely obviate the punishment for a committed or charged federal criminal offense, and commutations, which reduce the penalties associated with convictions. An administrative process has been established through the Department of Justice’s Office of the Pardon Attorney for submitting and evaluating requests for these and other forms of clemency, though the process and regulations governing it are merely advisory and do not affect the President’s ultimate authority to grant relief..."
Presidential pardons

Presidential Pardons: Frequently Asked Questions (FAQs)

"Article I, § 2 of the United States Constitution provides the President the authority “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” While the text makes it clear that the pardon power is limited to federal offenses (“offenses against the United States”) and cannot be used to avoid impeachment, the terse, one-sentence provision offers little other guidance on the scope of the President’s pardon authority. The Supreme Court has stated that the President’s pardon power is near plenary, but the exercise of this authority may occasionally prompt questions regarding the power’s compatibility with notions of fairness and the rule of law. Recently, some Members of Congress (see, e.g., here) and legal observers have raised or opined upon various, oftentimes difficult, legal questions pertaining to the pardon power, including whether the President can issue “prospective” pardons; whether the President can pardon himself; and the extent to which Congress can regulate or respond to the exercise of the President’s pardon authority. This Sidebar provides a general overview of the pardon power and briefly addresses a few frequently asked legal questions concerning its scope and application..."
Presidential pardons

President Obama Announces 46 Commutations in Video Address: "America Is a Nation of Second Chances"

"As a former Assistant U.S. Attorney and criminal defense attorney, I'm well acquainted with how federal sentencing practices can, in too many instances, lead nonviolent drug offenders to spend decades, if not life, in prison. Now, don't get me wrong, many people are justly punished for causing harm and perpetuating violence in our communities. But, in some cases, the punishment required by law far exceeded the offense.

These unduly harsh sentences are one of the reasons the President is committed to using all the tools at his disposal to remedy unfairness in our criminal justice system. Today, he is continuing this effort by granting clemency to 46 men and women, nearly all of whom would have already served their time and returned to society if they were convicted of the exact same crime today..".
Presidential 46 commutations