Jonathan Milner Jonathan Milner

How many people has Joe Biden pardoned?

Pardons and Commutations by President

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. 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 can presidents pardon state crimes?

  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. 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. How do you think Biden’s pardon of his son will impact his presidential legacy?

  8. President Biden’s use of presidential clemency for his son Hunter Biden has caused controversy. How do you think the Biden-Biden pardon will impact the use of the presidential pardon in the next Trump presidency?

  9. The Rule of Law is the principle that states everyone, including leaders, must follow the same laws. How do you think Biden’s pardon of his son will impact public opinion about the rule of law.

  10. 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. Now, as President Biden sets to leave office in January 2025, 60 members of Congress and many others are urging him to grant clemency to the 40 men currently on federal death row. During his 2020 presidential campaign, President Biden said he would work to abolish the federal death penalty but there has been little evidence of anything done in furtherance of this promise. President Trump, on the other hand, has vowed to use and expand the federal death penalty when he resumes office. A grant of clemency to some or all the federally death-sentenced men would not be unprecedented. President Biden would join a number of elected officials who have made similar mass grants of clemency for a variety of reasons. Since 1976, governors in eight states have commuted all death sentences under their authority, often citing systemic concerns. These men would not be released from jail, but would have their death-penalty sentences commuted to life without parole. Do you think President Biden should commute these men’s sentences?

Write and Discuss

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

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.

 
 

Act on your Learning

Contact President Biden and let him know what you think about clemency for all 40 men currently on federal death row.

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.

Read More