Presidential Pardons
An explanation of
the power to pardon granted to U.S. presidents by the Constitution
by
Mark Hughes
In the waning days of a president's term, the outgoing
executive often exercises the power to issue pardons. Some presidents
exercise restraint, such as George Washington who only pardoned 16. Others,
such as Ronald Reagan and Bill Clinton, have wielded the power generously, and
some might say questionably, to reward political allies, friends,
contributors, and rebels.
Presidential power to grant pardons, which
is enumerated in Article II, Section 2 of the U.S. Constitution, is nearly
unlimited and cannot be checked by any other branch of government. The
pardons are not meant to correct a judicial error, such as a wrong
conviction. Instead, pardons are intended for people who have atoned for
their crimes and are thus being rewarded for good behavior, or for those who
have completed their sentences. A pardon reinstates one's freedom to apply
for certain jobs, such as in law enforcement, and exercise privileges, like
carrying a gun or voting. All requests for executive clemency are directed to the Office of the Pardon Attorney at the Department of Justice. The Pardon Attorney investigates and reviews all applications before sending recommendations to the president.
Can the president pardon someone who has
not been convicted of anything?
Preemptive or anticipatory pardons
are used on occasion, usually with the belief they are serving a national
interest. Such a pardon was issued to President Richard Nixon by President
Gerald Ford. The pardon covered all the offenses Nixon "committed or may
have committed or taken part in during the period from January 20, 1969
through August 9, 1974." Another preemptive pardon was issued a few years
later by President Jimmy Carter, absolving any person during the Vietnam era
that "violated the Military Selective Service Act by draft-evasion
acts."
Pardons and Controversy
Pardons have historically
been used to help the nation move forward. In 1992, during his final days in
office, President George H.W. Bush wrote,
"When
earlier wars have ended, Presidents have historically used their power to
pardon to put bitterness behind us and look to the future. This healing
tradition reaches at least from James Madison's pardon of Lafitte's pirates
after the War of 1812, to Andrew Johnson's pardon of soldiers who had fought
for the Confederacy, to Harry Truman's and Jimmy Carter's pardons of those
who violated the Selective Service laws in World War II and
Vietnam."
It can be argued that President Ford's
pardoning of Richard Nixon was motivated by Ford's desire to help the nation
heal and move on rather than political allegiance. Other pardons issued in recent
years have seemed to be far more political in nature.
Pardoning for
political purposes?
President Ronald Reagan pardoned George
Steinbrenner in 1989. Steinbrenner, billionaire businessman and owner of the
New York Yankees, pleaded guilty in 1974 to making illegal campaign
contributions to President Nixon's reelection campaign in 1972 and then
attempting to obstruct criminal investigations in the matter. The fact that
the main prosecutors who originally received Steinbrenner's guilty plea were
not consulted about his pardoning added fuel to the controversy surrounding this
decision.
President George H.W. Bush pardoned six people from the
Reagan administration who were under investigation for their involvement in
the Iran-Contra affair. That affair—a national scandal—involved selling arms
to Iran and using the proceeds to fund Nicaraguan counter-revolutionaries
(called contras). Bush's action silenced the legal proceedings that involved
these six people, including Caspar Weinberger, who served as defense
secretary under Reagan. Independent Counsel Lawrence Walsh, who was leading
the investigation of the Iran-Contra matter, criticized the pardon, calling
it "terrible" and "grossly wrong." He also said "the Iran-Contra
cover-up...has now been completed with the pardon of Caspar
Weinberger."
President Bill Clinton ignited a firestorm of controversy
when he pardoned Marc Rich. Charges against Rich extended back to 1983, when
he was charged with cheating the government out of nearly $50 million and
doing business with Iran during the hostage crisis. Rich fled to Switzerland
to avoid prosecution. President Clinton pardoned him of all charges, leading
many people—including the Justice Department—to wonder if Rich's pardon was
a result of Denise Rich's (Marc's ex-wife) gifts of $1 million to the
Democratic Party and $450,000 to the Clinton Presidential Library. Marc Rich
was pardoned on President Clinton's last day in office, 20 January 2001.
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