Biden's Pardon and Clemency Actions: A Comparative Look at Presidential Clemency

In the annals of U.S. presidential history, clemency, which includes both pardons and sentence commutations, has often been a tool for justice or controversy. President Joe Biden's approach to clemency has been both expansive and targeted, setting him apart from his immediate predecessors. Here's how Biden's actions stack up against recent U.S. presidents in terms of both pardons and commutations.

Biden's Approach to Clemency

President Joe Biden has utilized his clemency powers in a manner that has sparked both praise and criticism. As of recent counts, Biden has granted 65 individual pardons and has significantly expanded on this with categorical pardons, particularly for offenses like simple marijuana possession, affecting over 6,500 individuals. His administration also issued pardons for military personnel discharged due to their sexual orientation or gender identity, reflecting a commitment to rectifying past injustices.

On December 12, 2024, Biden made headlines by commuting the sentences of nearly 1,500 prisoners, describing it as the largest single-day act of clemency in modern history. This action was coupled with 39 additional pardons, showcasing his intent to address systemic issues within the criminal justice system. Notable individual pardons include:

• Hunter Biden: His son, for federal crimes related to guns and taxes, marking a significant and controversial use of his powers.

• Abraham Bolden: The first African-American Secret Service agent assigned to the Presidential Protective Division, convicted of bribery.

• Franqui Flores and Efrain Antonio Campo Flores: Part of a prisoner exchange deal involving Venezuela.

Historical Context and Comparison

• Donald Trump: During his term, Trump issued 237 acts of clemency, with 143 pardons and 94 commutations. His approach was often criticized for favoring those with personal or political connections to him, including high-profile cases like those of Steve Bannon and Roger Stone.

• Barack Obama: Obama leveraged clemency extensively, granting 1,927 acts of clemency in total, with 212 pardons and an impressive 1,715 commutations. His focus was largely on non-violent drug offenders, aiming to correct what he saw as overly harsh sentencing laws.

• George W. Bush: Bush's clemency record was relatively modest with 200 acts of clemency, including 189 pardons and only 11 commutations. His administration received criticism for not addressing the clemency backlog more aggressively.

• Bill Clinton: Clinton issued 457 acts of clemency, with 396 pardons and 61 commutations. His term ended with the controversial pardon of Marc Rich, which highlighted potential conflicts of interest.

The Mechanics of Clemency

Presidential clemency, encompassing both pardons and commutations, is strictly for federal crimes. A pardon forgives the crime, restoring civil rights, while a commutation reduces or eliminates the sentence but does not erase the conviction. This distinction is crucial as it affects how individuals can reintegrate into society post-conviction.

The Constitution grants this power to the president under Article II, Section 2, allowing a broad exercise of mercy without judicial or legislative oversight, though typically, there's a process involving the Department of Justice's Office of the Pardon Attorney.

Conclusion

President Biden's approach to clemency reflects a broader, more systemic view of justice reform, with actions aimed at both individual cases and systemic issues. While his numbers might not outstrip Obama's in total individual acts, his use of categorical pardons has arguably had a wider impact. Comparing these numbers across recent presidencies reveals not just a tool for individual mercy but a mechanism for broader policy and philosophical statements on criminal justice. As the Biden administration continues, it will be interesting to observe how this use of clemency shapes his legacy and influences future presidential actions.