Jonathan Milner Jonathan Milner

Who is the pardoner in chief?

Pardons and Commutations by President

*As of Nov. 9, 2025, President Donald Trump (R) has issued a total of 142 pardons during his second term, which is one less than he issued throughout the entirety of his first term (143). Additionally, Trump has issued 28 commutations during his second term.

Critical Analysis

Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:

  1. A federal pardon is a power granted to the president of the United States under Article II, Section 2 of the Constitution. This power, also known as clemency, allows the president to pardon all federal criminal offenses, except those related to impeachment. Acts of clemency encompass amnesty, reprieves, commutations, and pardons—the most extensive form of relief. A full pardon absolves the individual from punishment and reinstates their civil rights, such as the right to vote, run for office, and serve on a jury. What modern president has the lowest average annual pardons rate?

  2. According to the Office of the Pardon Attorney at the Department of Justice, a pardon removes a person's conviction and sentence, while a commutation reduces the sentence but does not remove the conviction. Since John Kennedy, what modern president used their pardon power the most on average?

  3. Describe the difference in the use of clemency for modern Republican (R) versus Democratic (D) presidents.

  4. Presidents tend to use their pardon power much more often at the end instead of the beginning of their term. For example, President Biden pardoned his son Hunter during the last full month of his presidency. The chart below* shows the percentage of pardons in the last year of a presidential term. Why do you think presidents are more likely to use the clemency power at the end of their term of office?

  5. Article II, Section 2 of the Constitution allows the president the power to, "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This means presidents can pardon federal crimes. According to the Constitution U.S. presidents cannot pardon state crimes. How does this illustrate the concept of federalism?

  6. Although the presidential pardon is a part of the constitution, Some scholars argue that a presidential pardon violates the idea of separation of powers because it allows the executive branch to overrule the judicial branch. If you were to recreate the constitution (too late) explain whether you would include a presidential pardon.

  7. The Rule of Law is the principle that states everyone, including leaders, must follow the same laws. Joe Biden pardoned his son Hunter Biden on December 1, a reversal for the president who repeatedly said he would not use his executive authority to pardon his son or commute his sentence. On January 20, 2025 President Donald Trump began his second term by issuing “full, complete and unconditional” pardons to about 1,500 individuals involved in the January 6, 2021, attack on the United States Capitol. He also commuted the sentences of 14 Proud Boys and Oath Keepers members who were convicted or charged with seditious conspiracy related to the violence.pardoned the January 6th rioters. Here is the list of all the people President Trump has pardoned. How do you think Biden’s pardon of his son and Trump’s pardon of his supporters will impact public opinion about the rule of law.

  8. On November 25, 2024, President Joe Biden pardoned two Thanksgiving turkeys, an annual, symbolic tradition that highlights the president’s constitutional authority to issue pardons and commutations. President Trump, discontinued the tradition of the Thanksgiving Turkey Pardon. Do you think President Biden was getting bribed by the Big-Turkey lobby?

  9. But seriously, when you think about all the presidential powers granted in Article II of the Constitution, how important is the pardon power?

  10. While rare so far, Trump’s use of presidential clemency has caused controversy because of the nature of his pardons and commutations. Many of Trump’s clemency recipients have had a “personal or political connection to the president,” according to a July analysis by the Lawfare blog. The Constitution does not limit clemency to people without personal or political connections to the president. What stops most presidents from extending clemency to friends and accomplices?

    Write and Discuss

    Take ten minutes to write about the question at the top of the page and then discuss with your classmates.

  11. Action Extension

    Fill in one of the following forms to request that the Office of the Pardon Attorney commute or pardon for you or someone you love.

    Commutation (reduction) of Sentence - Information and Instructions 

    Commutation (reduction) of Sentence -  Petition

    Pardon after Completion of Sentence - Information and Instructions

    Pardon after Completion of Sentence - Petition

Get Creative

Have AI write a gangsta rap about presidential pardons. Here’s mine.

Presidential Pardon (Gangsta Rap)

Yo, check it, I'm the Prez, got the power to erase,

Crimes disappear, like a magician's ace.

Presidential pardon, that's my decree,

Forgiveness flows, sets the guilty free.

From the White House, I drop the hammer,

Felons rejoice, no more legal stammer.

Clemency granted, a fresh new start,

Past mistakes forgiven, a brand new heart.

But don't get it twisted, it ain't for the weak,

Gotta be worthy, before I speak.

Justice tempered with mercy, that's my flow,

Second chances given, watch the redemption grow.

Some call it politics, some call it right,

But I call it power, shining bright.

Presidential pardon, it's my prerogative,

Changing lives, that's how we live.

So if you're seeking a clean slate,

Knock on my door, it might be fate.

Presidential pardon, it's the ultimate flex,

Justice served, with no regrets.

Learn More

Here is a great Politico article about controversial presidential pardons throughout American history. Here is the official Department of Justice list of all of Joe Biden’s pardons and commutations and here is the list of all the people President Trump has pardoned.

Pardon me!

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