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Office of the Pardon Attorney: Difference between revisions
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|HeadquartersAddress=950 Pennsylvania Avenue NW, Washington, DC 20530, USA | |HeadquartersAddress=950 Pennsylvania Avenue NW, Washington, DC 20530, USA | ||
|Website=https://www.justice.gov/pardon/ | |Website=https://www.justice.gov/pardon/ | ||
}}{{Short description|Key adviser to the president on clemency}} | |||
'''Office of the Pardon Attorney (OPA)''' functions within the [[Department of Justice|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. | '''Office of the Pardon Attorney (OPA)''' functions within the [[Department of Justice|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. | ||
The office, part of the [[United States Department of Justice]], assists the [[president of the United States]] in his exercise of [[Federal pardons in the United States|executive clemency]] as authorized by [[Article Two of the United States Constitution|Article II, Section 2, of the US Constitution]]. | The office, part of the [[United States Department of Justice]], assists the [[president of the United States]] in his exercise of [[Federal pardons in the United States|executive clemency]] as authorized by [[Article Two of the United States Constitution|Article II, Section 2, of the US Constitution]]. | ||
It operates under the general oversight of the [[United States Deputy Attorney General|deputy attorney general]] and in consultation with the [[United States Attorney General|attorney general]] or their delegate to review and process clemency applications. | |||
Under the [[United States Constitution|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. | Under the [[United States Constitution|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. | ||
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The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."<ref name="WaPo_Gearan_20200222">{{Cite news|last1=Reinhard|first1=Beth|last2=Gearan|first2=Anne|date=February 3, 2020|title=Most Trump Clemency Grants Bypass Justice Dept. and Go to Well-Connected Offenders|newspaper=The Washington Post|url=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|access-date=February 22, 2020}}</ref> | The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."<ref name="WaPo_Gearan_20200222">{{Cite news|last1=Reinhard|first1=Beth|last2=Gearan|first2=Anne|date=February 3, 2020|title=Most Trump Clemency Grants Bypass Justice Dept. and Go to Well-Connected Offenders|newspaper=The Washington Post|url=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|access-date=February 22, 2020}}</ref> | ||
It assists the [[president of the United States]] in his exercise of [[Federal pardons in the United States|executive clemency]] as authorized by [[Article Two of the United States Constitution|Article II, Section 2, of the US Constitution]]. It is part of the [[United States Department of Justice]] and is in consultation with the [[Attorney General of the United States]] or his delegate. | |||
Under the [[United States Constitution|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. | |||
Executive clemency may take several forms, including [[pardon]], conditional pardon, commutation of sentence, conditional commutation of sentence, remission of [[fine (penalty)|fine]] or [[restitution]], [[Respite (law)|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.<ref name=":22">{{Cite web |url = https://www.justice.gov/pardon |title = Office of the Pardon Attorney |date = March 2, 2014 |publisher = United States Department of Justice |access-date = October 25, 2018 |language = en }}</ref> | |||
The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."<ref name="WaPo_Gearan_202002222">{{Cite news|last1=Reinhard|first1=Beth|last2=Gearan|first2=Anne|date=February 3, 2020|title=Most Trump Clemency Grants Bypass Justice Dept. and Go to Well-Connected Offenders|newspaper=The Washington Post|url=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|access-date=February 22, 2020}}</ref> | |||
{{Official URL (simple)|url=https://www.justice.gov/pardon/}} | {{Official URL (simple)|url=https://www.justice.gov/pardon/}} | ||
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==Legislation== | ==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.<ref>https:// | 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.<ref>{{Cite news |first = Peter |last = Baker |date = June 6, 2018 |url = https://www.nytimes.com/2018/06/06/us/politics/trump-alice-johnson-sentence-commuted-kim-kardashian-west.html |title = Alice Marie Johnson Is Granted Clemency by Trump After Push by Kim Kardashian West |newspaper = The New York Times |access-date = October 22, 2018 |language = en }}</ref> | ||
==Partners== | ==Partners== | ||
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==Leader== | ==Leader== | ||
The head of the Office of the Pardon Attorney is titled the "Pardon Attorney."<ref>https://www. | The head of the Office of the Pardon Attorney is titled the "Pardon Attorney."<ref>{{Cite news |url = https://www.washingtonpost.com/world/national-security/obama-grants-final-330-commutations-to-nonviolent-drug-offenders/2017/01/19/41506468-de5d-11e6-918c-99ede3c8cafa_story.html |title = Obama grants final 330 commutations to nonviolent drug offenders |last = Horwitz |first = Sari |date = January 19, 2017 |newspaper = The Washington Post |language = en |access-date = October 23, 2018 }}</ref> | ||
==Staff== | ==Staff== | ||
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There are five standards for someone to be considered to be [[pardon]]ed. Generally, the [[petitioner]] must be in a good standing during their sentence and must wait a period of at least five years before applying to pardon.<ref name=":0">{{Cite news |url = https://www.justice.gov/pardon/about-office-0 |title = Standards for Consideration of Clemency Petitioners |date = January 12, 2015 |publisher = United States Department of Justice |access-date = September 28, 2018 |language = en }}</ref> However, this five-year wait period can be waived. | There are five standards for someone to be considered to be [[pardon]]ed. Generally, the [[petitioner]] must be in a good standing during their sentence and must wait a period of at least five years before applying to pardon.<ref name=":0">{{Cite news |url = https://www.justice.gov/pardon/about-office-0 |title = Standards for Consideration of Clemency Petitioners |date = January 12, 2015 |publisher = United States Department of Justice |access-date = September 28, 2018 |language = en }}</ref> However, this five-year wait period can be waived. | ||
The first standard is how the person's conduct, character, and reputation have been during conviction. This means that the individuals conducted themselves as responsible and knowledgeable people who are aware of their crime and are ready to return to normal society. They must have the potential to create a better society by achieving employment, providing for themselves and loved ones, as well as keeping a clean criminal background.<ref name=":0" /> A very recent example of this would be when President Trump commuted 63-year-old [[Alice Marie Johnson]]'s sentence after the case was brought up by celebrity [[Kim Kardashian]]. The [[White House]] described their reasoning for the pardon by stating "while this administration will always be very tough on crime, it believes that those who have paid their debt to society and worked hard to better themselves while in prison deserve a second chance".<ref>{{Cite | The first standard is how the person's conduct, character, and reputation have been during conviction. This means that the individuals conducted themselves as responsible and knowledgeable people who are aware of their crime and are ready to return to normal society. They must have the potential to create a better society by achieving employment, providing for themselves and loved ones, as well as keeping a clean criminal background.<ref name=":0" /> A very recent example of this would be when President Trump commuted 63-year-old [[Alice Marie Johnson]]'s sentence after the case was brought up by celebrity [[Kim Kardashian]]. The [[White House]] described their reasoning for the pardon by stating "while this administration will always be very tough on crime, it believes that those who have paid their debt to society and worked hard to better themselves while in prison deserve a second chance".<ref>{{Cite web |url = https://constitutioncenter.org/blog/10-famous-people-who-received-presidential-pardons |title = 10 famous people who received presidential pardons |publisher = National Constitution Center |language = en |access-date = October 22, 2018 }}</ref> | ||
Second is the seriousness and when the offense occurred. When the offense is years in the past and did not affect many people, the chance to achieve a pardon is much greater than if the offense was very recent and a [[High crimes and misdemeanors|high crime]]. Things that must be considered include how the victims would deal with the pardon, and how it will set a precedent for future similar crimes.<ref name=":0" /> During his presidency, President [[Barack Obama]] granted clemency 1,715 times.<ref>{{Cite news |url = https://www.washingtonpost.com/world/national-security/obama-grants-final-330-commutations-to-nonviolent-drug-offenders/2017/01/19/41506468-de5d-11e6-918c-99ede3c8cafa_story.html |title = Obama grants final 330 commutations to nonviolent drug offenders |last = Horwitz |first = Sari |date = January 19, 2017 |newspaper = The Washington Post |language = en |access-date = October 23, 2018 }}</ref> Most of these were for nonviolent drug offenders, in an effort to get non-serious offenders out of prison and to reverse the negative outcomes from the [[war on drugs]]. | Second is the seriousness and when the offense occurred. When the offense is years in the past and did not affect many people, the chance to achieve a pardon is much greater than if the offense was very recent and a [[High crimes and misdemeanors|high crime]]. Things that must be considered include how the victims would deal with the pardon, and how it will set a precedent for future similar crimes.<ref name=":0" /> During his presidency, President [[Barack Obama]] granted clemency 1,715 times.<ref>{{Cite news |url = https://www.washingtonpost.com/world/national-security/obama-grants-final-330-commutations-to-nonviolent-drug-offenders/2017/01/19/41506468-de5d-11e6-918c-99ede3c8cafa_story.html |title = Obama grants final 330 commutations to nonviolent drug offenders |last = Horwitz |first = Sari |date = January 19, 2017 |newspaper = The Washington Post |language = en |access-date = October 23, 2018 }}</ref> Most of these were for nonviolent drug offenders, in an effort to get non-serious offenders out of prison and to reverse the negative outcomes from the [[war on drugs]]. | ||
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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.<ref>https://www.archives.gov/research/guide-fed-records/groups/204.html</ref><ref>https://www.whitehousehistory.org/the-history-of-the-pardon-power</ref> | 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.<ref>https://www.archives.gov/research/guide-fed-records/groups/204.html</ref><ref>https://www.whitehousehistory.org/the-history-of-the-pardon-power</ref> | ||
==History== | |||
Since 1789 various offices within the federal government have provided the president with administrative support for the exercise of executive clemency. A presidential order in 1865 formally delegated this responsibility to the Department of Justice. The office's current name was adopted in 1894.<ref name=":12">{{Cite web |url = https://www.justice.gov/pardon/frequently-asked-questions |title = Frequently Asked Questions: Pardon |date = January 12, 2015 |publisher = United States Department of Justice |language = en |access-date = March 4, 2018 }}</ref> | |||
Historically, the norm was for presidents to rely on the pardon attorney process before making pardons (they are not required to do so).<ref name=":3">{{Cite journal|last1=Gluck|first1=Matthew|last2=Goldsmith|first2=Jack|date=2021|title=Donald Trump and the Clemency Process|url=https://online.ucpress.edu/fsr/article-abstract/33/5/297/117725/Donald-Trump-and-the-Clemency-Process?redirectedFrom=fulltext|journal=Federal Sentencing Reporter|language=en|volume=33|issue=5|pages=297–300|doi=10.1525/fsr.2021.33.5.297|issn=1053-9867|doi-access=free}}</ref> During the [[first presidency of Donald Trump]], Trump circumvented this process in his pardons.<ref name=":3" /> | |||
==Pardoning standards== | |||
When the president proposes to exercise his or her [[executive clemency]], the case is directed to the Office of the Pardon Attorney for review. | |||
There are five standards for someone to be considered to be [[pardon]]ed. Generally, the [[petitioner]] must be in a good standing during their sentence and must wait a period of at least five years before applying to pardon.<ref name=":02">{{Cite news |url = https://www.justice.gov/pardon/about-office-0 |title = Standards for Consideration of Clemency Petitioners |date = January 12, 2015 |publisher = United States Department of Justice |access-date = September 28, 2018 |language = en }}</ref> However, this five-year wait period can be waived. | |||
The first standard is how the person's conduct, character, and reputation have been during conviction. This means that the individuals conducted themselves as responsible and knowledgeable people who are aware of their crime and are ready to return to normal society. They must have the potential to create a better society by achieving employment, providing for themselves and loved ones, as well as keeping a clean criminal background.<ref name=":02" /> A very recent example of this would be when President Trump commuted 63-year-old [[Alice Marie Johnson]]'s sentence after the case was brought up by celebrity [[Kim Kardashian]]. The [[White House]] described their reasoning for the pardon by stating "while this administration will always be very tough on crime, it believes that those who have paid their debt to society and worked hard to better themselves while in prison deserve a second chance".<ref>{{Cite news |first = Peter |last = Baker |date = June 6, 2018 |url = https://www.nytimes.com/2018/06/06/us/politics/trump-alice-johnson-sentence-commuted-kim-kardashian-west.html |title = Alice Marie Johnson Is Granted Clemency by Trump After Push by Kim Kardashian West |newspaper = The New York Times |access-date = October 22, 2018 |language = en }}</ref> | |||
Second is the seriousness and when the offense occurred. When the offense is years in the past and did not affect many people, the chance to achieve a pardon is much greater than if the offense was very recent and a [[High crimes and misdemeanors|high crime]]. Things that must be considered include how the victims would deal with the pardon, and how it will set a precedent for future similar crimes.<ref name=":02" /> During his presidency, President [[Barack Obama]] granted clemency 1,715 times.<ref>{{Cite news |url = https://www.washingtonpost.com/world/national-security/obama-grants-final-330-commutations-to-nonviolent-drug-offenders/2017/01/19/41506468-de5d-11e6-918c-99ede3c8cafa_story.html |title = Obama grants final 330 commutations to nonviolent drug offenders |last = Horwitz |first = Sari |date = January 19, 2017 |newspaper = The Washington Post |language = en |access-date = October 23, 2018 }}</ref> Most of these were for nonviolent drug offenders, in an effort to get non-serious offenders out of prison and to reverse the negative outcomes from the [[War on drugs|War on Drugs]]. | |||
Third is the individual's acceptance of responsibility and self-awareness of how serious their actions were. The individual's behavior, if they are creating excuses or reasons why they committed the crime, will greatly lower the chances of pardon. If the individual desires forgiveness and portrays complete responsibility for their actions, then the chances are much higher.<ref name=":02" /> Generally, every person who is considered for a pardon exudes these behaviors. | |||
Fourth is the legal disabilities the individual suffered from the conviction. Someone like a lawyer or doctor may have lost their licenses as a result of their conviction. This may grant reason to consider a pardon. Though pardons for this type of relief are minimal and very rare, they will not be put at a higher priority over an otherwise deserving person who has a desire for forgiveness.<ref name=":02" /> An example of this would be when [[Andrew Johnson|President Andrew Johnson]] pardoned [[Samuel Mudd]] in 1869. Mudd was imprisoned because he treated [[John Wilkes Booth]]'s leg after Booth assassinated [[Abraham Lincoln|President Lincoln]] in 1865.<ref>{{Cite web |url = https://www.npr.org/news/specials/mudd/ |title = Clearing Dr. Mudd's Name |last = Valentine |first = Vikki |publisher = NPR |access-date = October 22, 2018 |archive-url = https://web.archive.org/web/20181023080136/https://www.npr.org/news/specials/mudd/ |archive-date = October 23, 2018 }}</ref> This crime was not very serious, considering Mudd claimed he was unaware of Booth's actions at the time and he was doing what his profession entailed. | |||
Lastly, referrals and recommendations from people in powerful positions like politicians, attorneys, judges, and even victims are looked over carefully to decide if an individual is worthy of a pardon.<ref name=":02" /> A controversial pardon was President [[Bill Clinton]] pardoning his half-brother, [[Roger Clinton Jr.]], for cocaine possession and trafficking convictions.<ref>{{Cite web |url = https://constitutioncenter.org/blog/10-famous-people-who-received-presidential-pardons |title = 10 famous people who received presidential pardons |publisher = National Constitution Center |language = en |access-date = October 22, 2018 }}</ref> | |||
=== Posthumous pardons=== | |||
Posthumous pardons are rare because it is generally Department of Justice policy to not accept requests for non-living persons.<ref name="Policies2">{{Cite news |url = https://www.justice.gov/pardon/policies |title = Policies |date = January 12, 2015 |publisher = United States Department of Justice |access-date = October 25, 2018 |language = en }}</ref> This is due to the limited resources and personnel at the Department of Justice, and cases involving living persons take precedence over those who are deceased. The same procedure and reasoning are applied to clemency applications for federal misdemeanors, giving precedent to cases involving federal felony convictions. This structure is designed to allow the DOJ to devote its time to those who will receive the greatest benefit from Federal clemency. Only Presidents Clinton, George W. Bush, and Trump have granted posthumous pardons.<ref name="Policies2" /> | |||
==Steps and process== | |||
The Office of the Pardon Attorney handles all and every clemency related correspondence and issue, including petitions and applications.<ref name=":12" /> This involves several steps. The Office receives and reviews clemency correspondences,<ref name=":23" /> and investigates applications along with the files sent with them to make more valid the petitioner's plea for pardoning.<ref name=":23" /> It then prepares a recommendation for each application, and sends it to the president for his final decision as to whether or not to grant a pardon.<ref name=":23" /> | |||
For 125 years, the key adviser to the president on clemency has been the Department of Justice's Office of the Pardon Attorney (PARDON) which normally reviews all requests for pardons.<ref name="WaPo_Gearan_202002223" /> | |||
Based on government data, lawyers, advocates for criminal justice advocates, and former officials from both the White House and pardon, President Trump regularly bypassed the pardon attorney, according to a 2020 investigation by ''[[The Washington Post]]''. Unlike previous presidents, Trump has granted clemency to "well-connected offenders who had not filed petitions with the pardon office or did not meet its requirements."<ref name="WaPo_Gearan_202002223" /> | |||
==References== | |||
{{reflist}} | |||
==Further reading == | |||
{{refbegin}} | |||
* {{cite book |last = Crouch |first = Jeffrey |year = 2009 |title = The Presidential Pardon Power |publisher = University Press of Kansas |isbn = 978-0700616466 }} | |||
{{refend}} | |||
{{DOJ agencies}}{{Federal pardons in the United States}} {{Authority control}} | |||
==External links== | ==External links== | ||