Office of the Pardon Attorney

The Constitution gives the President power to grant reprieves and pardons for federal offenses, except in cases of impeachment. Congress created a pardon clerk position in the Justice Department in the nineteenth century, and the Office of the Pardon Attorney has handled clemency petitions since 1891. The Pardon Attorney is appointed by the Attorney General and reports through the Deputy Attorney General.

Anyone convicted of a federal crime may apply for a pardon, which forgives the offense and restores civil rights, or a commutation, which shortens a sentence. Under Justice Department regulations, pardon applicants usually must wait five years after completing their sentence. The office investigates each petition, often consulting prosecutors and the FBI, and sends a recommendation to the White House. Thousands of petitions are pending at any time, and only a small share are granted.

The President is not required to use the office, and many of the most controversial grants of recent decades, including President Clinton's pardon of Marc Rich, President Biden's pardon of his son and his preemptive pardons of officials, and President Trump's pardons of roughly fifteen hundred people charged in the January 6 Capitol attack, bypassed its normal review. Critics argue this turns clemency into a tool for allies, while defenders note that the Constitution gives the power to the President alone.