Office of the Pardon Attorney
Stored: Office of the Pardon Attorney
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Office of the Pardon Attorney (OPA) functions within the U.S. Department of Justice to support the President in exercising executive clemency powers. This includes managing applications for pardons, commutations of sentence, remissions of fine or restitution, and reprieves for federal offenses.
 | This page in a nutshell: Key adviser to the president on clemency |
The Office of the Pardon Attorney, part of the United States Department of Justice, assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. The office is headed by the pardon attorney, with the current incumbent being Elizabeth G. Oyer, appointed by President Joe Biden in 2022. It operates under the general oversight of the deputy attorney general and in consultation with the attorney general or their delegate to review and process clemency applications.
Under the Constitution, the president's clemency power extends only to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney for investigation and review. The pardon attorney prepares the department's recommendation to the president for final disposition of each application.
Since 1853, the responsibility of advising the president on pardon petitions has been assigned to the attorney general. Over time, various offices have supported this role in managing the clemency process, including the Office of the Pardon Clerk (1865–1870), the Office of the Attorney in Charge of Pardons (1891–1894). In 1894, the current Office of the Pardon Attorney was established.[1]
Executive clemency may take several forms, including pardon, conditional pardon, commutation of sentence, conditional commutation of sentence, remission of fine or restitution, respite, reprieve and amnesty. A pardon may be posthumous. The Office of the Pardon Attorney currently has a staff that includes the deputy pardon attorney, an executive officer, four staff attorneys, and its clerical staff and paralegals who assist in the review of petitions.[2]
The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."[3]
Mission
The Office of the Pardon Attorney is tasked with aiding the President in exercising his constitutional clemency power. This involves receiving and reviewing all petitions for executive clemency, conducting necessary investigations, and preparing recommendations for the President, ensuring that the process is thorough, fair, and just.
Parent organization
The Office of the Pardon Attorney is part of the United States Department of Justice. It works under the oversight of the Deputy Attorney General and in consultation with the Attorney General to handle clemency applications for federal offenses.
Legislation
The Office of the Pardon Attorney was established by informal redesignation of the Office of the Attorney in Charge of Pardons in 1894, without specific legislation, but it stems from the President's constitutional power under Article II, Section 2 of the U.S. Constitution.[](https://en.wikipedia.org/wiki/Office_of_the_Pardon_Attorney)
Partners
There are no formal partnerships listed for the Office of the Pardon Attorney as it operates within the framework of the Department of Justice.
Number of employees
The exact number of employees is not publicly available.
Organization structure
The Office of the Pardon Attorney is led by the Pardon Attorney, who is supported by:
- A Deputy Pardon Attorney.
- Staff Attorneys, who are responsible for reviewing clemency petitions.
- Support staff including paralegals and clerical workers for administrative duties.[](https://www.justice.gov/archive/jmd/mps/2012/manual/opa.htm)
List of programs
- Pardon Application Review
- Commutation of Sentence Investigation
- Remission of Fine or Restitution Review
- Reprieve Consideration
Last total enacted budget
The Office of the Pardon Attorney's budget is not distinctly separated in publicly available financial statements of the Department of Justice. Therefore, no specific budget figure is available.
Leader
The head of the Office of the Pardon Attorney is titled the "Pardon Attorney."[](https://www.justice.gov/pardon/staff-profile/meet-pardon-attorney)
Staff
The Office employs staff attorneys, paralegals, and clerical support, but specific staff numbers are not disclosed.
Funding
The Office of the Pardon Attorney is funded through the budget of the United States Department of Justice, but detailed funding specifically for this office is not publicly itemized.
Services provided
The Office of the Pardon Attorney provides services related to the processing of executive clemency petitions. This includes receiving, investigating, and making recommendations on applications for pardons, sentence commutations, remissions of fines or restitutions, and reprieves. They also coordinate with other parts of the DOJ and external agencies like the FBI for background checks.[](https://www.justice.gov/pardon)
Regulations overseen
As an advisory body within the DOJ, the Office of the Pardon Attorney does not oversee regulations but operates under the guidelines set by the DOJ and the authority granted by the U.S. Constitution.
Headquarters address
950 Pennsylvania Avenue NW, Washington, DC 20530, USA
History
The Office of the Pardon Attorney was created through the informal redesignation of the Office of the Attorney in Charge of Pardons in 1894 within the Department of Justice. This was part of a broader historical shift where the responsibility for handling clemency matters was moved from the State Department to the Justice Department by an executive order in 1893. Over the years, the office has maintained its role in facilitating the President's exercise of the clemency power, with various administrative changes and policy developments.[](https://www.archives.gov/research/guide-fed-records/groups/204.html)[](https://www.whitehousehistory.org/the-history-of-the-pardon-power)
External links
References
- ↑ "Pardon Records" (in en). 2021-06-10. https://www.archives.gov/research/investigations/pardons.
- ↑ "Office of the Pardon Attorney" (in en). United States Department of Justice. March 2, 2014. https://www.justice.gov/pardon.
- ↑ Reinhard, Beth; Gearan, Anne (February 3, 2020). "Most Trump Clemency Grants Bypass Justice Dept. and Go to Well-Connected Offenders". The Washington Post. https://www.washingtonpost.com/investigations/most-clemency-grants-bypass-doj-and-go-to-well-connected-offenders/2020/02/03/4e8f3eb2-21ce-11ea-9c2b-060477c13959_story.html.