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Biden considers pardons for possible Trump enemies
RPT: Senior Biden White House aides, administration officials and prominent defense attorneys in Washington, DC, are discussing potential preemptive pardons or legal aid for people who might be targeted for prosecution by President-elect Donald Trump after he retakes power. Kim Wehile, Law Professor at the University of Baltimore joins LiveNOW from FOX to explain what this all means.
President Joe Biden says he’s pardoning 39 Americans who’ve been convicted of nonviolent crimes, in addition to commuting the sentences of about 1,500 prisoners who were placed on home confinement during the pandemic. 1993
The commutations make it the largest single-day act of clemency in modern history. They come after Biden faced criticism for pardoning his son Hunter Biden, who was set to be sentenced this month for gun and tax convictions.
RELATED: Only 2 in 10 Americans approve of Biden's pardon of his son Hunter, poll finds
Hunter Biden’s pardon was especially surprising given that President Biden had long pledged he would not pardon his son. The sweeping pardon covers Hunter Biden's convictions in two cases in Delaware and California.
It also includes any other "offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024."
RELATED: Smiling Hunter Biden seen in first photos since receiving presidential pardon
Biden is hardly the first president to use his pardon powers to benefit people close to him. The U.S. Supreme Court has found presidents have broad authority to issue pardons – and they use the power a lot.
Presidents have forgiven drug offenses, fraud convictions and Vietnam-era draft dodgers, among many other things.
Which president issued the most pardons?
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Does Hunter pardon hurt President Biden's legacy?
President Biden pardoned his son, Hunter Biden, after the first son was convicted in two separate federal cases earlier this year. His decision to go back on his word and issue a categorical pardon for his son has raised new questions about his legacy. LiveNOW's Andrew Craft discussed the pardon and President Biden's legacy with Hans Von Spakovsky from The Heritage Foundation.
Presidential pardon records date back to the start of the 20th Century, when William McKinley was president. According to the Pew Research Center, of the 21 presidents who have served since 1900, Franklin D. Roosevelt issued the most pardons, a whopping 2,819.
Among the nearly 3,000 people pardoned by FDR were people who were still in prison 15 years after being convicted under Espionage Act and the Selective Service Act for their public opposition to U.S. involvement in World War I.
In modern history, dating back to the Carter administration, Jimmy Carter has issued the most at 534.
According to Pew, it was after Carter that presidents became less forgiving to those requesting clemency. Before Ronald Reagan took office, every president from McKinley to Carter granted clemency to at least 20% of people who requested it. Reagan pardoned 12% of people who asked for them, but those percentages have decreased to single digits for every president since George H.W. Bush.
The Obama administration relied more on commutations than pardons. In 2014, his administration launched the Clemency Initiative, which allowed "qualified federal inmates" to apply to have their sentences commuted if they met certain criteria.
Biden has so far pardoned fewer people than Obama and President-elect Donald Trump, but Biden said Thursday he would be taking more steps in the weeks ahead.
Presidential pardons by the numbers
Here’s a breakdown of presidential pardons from 1900 through the end of Donald Trump’s first term in office, according to Justice Department data:
- William McKinley, 1897-1901: 291 pardons
- Theodore Roosevelt, 1901-1909: 668 pardons
- William Taft, 1909-1913: 383 pardons
- Woodrow Wilson, 1913-1921: 1,087 pardons
- Warren Harding, 1921-1923: 300 pardons
- Calvin Coolidge, 1923-1929: 773 pardons
- Herbert Hoover, 1929-1933: 672 pardons
- Franklin D. Roosevelt, 1933-1945: 2,819 pardons
- Harry Truman, 1945-1953: 1,913 pardons
- Dwight D. Eisenhower, 1953-1961: 1,110 pardons
- John F. Kennedy, 1961-1963: 472 pardons
- Lyndon B. Johnson, 1963-1963: 960 pardons
- Richard Nixon: 1969-1974: 863 pardons
- Gerald Ford: 1974-1977: 382 pardons
- Jimmy Carter: 1977-1981: 534 pardons
- Ronald Reagan: 1981-1989: 393 pardons
- George H.W. Bush: 1989-1993: 74 pardons
- Bill Clinton, 1993-2001: 396 pardons
- George W. Bush, 2001-2009: 189 pardons
- Barack Obama, 2009-2017: 212 pardons
- Donald Trump, 2017-2021: 143 pardons
Clemency: Pardons vs. commutations
The president has the power to grant clemency. There are four types of clemency, according to the White House Historical Association:
- Pardon: forgives federal offenses, releases person from punishment and restores all civil liberties.
- Amnesty: the same as a pardon, but it’s granted to an entire class of people instead of an individual
- Commutation: reduces penalties, but not as sweeping as a pardon
- Reprieve: delays sentencing or other punishment
The power has its roots in English law, according to the Associated Press. The king could grant mercy to anyone, and that idea made it across the ocean to the American colonies.