What Is the Pardon Power
The pardon power is the president’s authority to forgive a federal crime or reduce its punishment. Article II of the Constitution gives the president “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” That one sentence sets both the reach and the limits: federal crimes only, and never an impeachment.
A president can forgive almost any federal crime, at almost any time. The limits come from the text itself, not from Congress.
Key facts
- The power covers “Offenses against the United States,” which means federal crimes only, and never impeachment (Article II).
- It can be used before charges, during a trial, or after conviction, the Supreme Court held in 1866 (Ex parte Garland).
- The Court called the power “conclusive and preclusive” in 2024: Congress cannot regulate it (Trump v. United States).
- A pardon “does not signify innocence” and does not erase the conviction, the Justice Department says (DOJ).
- In 1974 the Justice Department concluded that “the President cannot pardon himself.” No court has ruled on it (DOJ OLC).
The Court read the power broadly from the start. In Ex parte Garland, Justice Stephen Field wrote that it “extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.” He added that “Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders” (Ex parte Garland).
A pardon does real work for the person who gets it. It ends any unserved sentence and restores rights lost with the conviction, such as voting, jury service, and holding state or local office. It does not end civil cases, such as a Securities and Exchange Commission or IRS action, and it cannot touch a conviction under state law. A state conviction goes to the governor or a state pardon board (DOJ).
Pardon vs Commutation and the Other Kinds of Clemency
“Clemency” is the umbrella term. The Constitution names reprieves and pardons, and the Court has held that the power includes lesser forms, such as cutting a sentence on conditions (Schick v. Reed).
The four kinds of presidential clemency
Source: Justice Department, Office of the Pardon Attorney; Schick v. Reed (1974)
Accepting a pardon can carry a cost. In Burdick v. United States (1915), a New York Tribune editor turned down a pardon so he could keep pleading the Fifth before a grand jury. The Court held that a person may refuse one, and said a pardon “carries an imputation of guilt; acceptance a confession of it” (Burdick v. United States). A later case limited that rule: in Biddle v. Perovich (1927), the Court held that a commutation takes effect without the prisoner’s consent (Constitution Annotated).
Most people who ask for clemency go through the Justice Department. Its rules are advisory, which is why a president can also grant clemency to someone who never applied.
How a clemency petition moves through the Justice Department
- Five years after release Wait to apply A pardon petition should wait at least five years after release from prison, or after conviction if there was no prison sentence.
- Any time File the petition The person files with the Office of the Pardon Attorney. A commutation petition should wait until court appeals are used up.
- Months to years Investigation The Attorney General reviews the case, often with the FBI, and in some felony cases notifies the victims.
- After review Recommendation The Attorney General sends a written recommendation to the president.
- No deadline The president decides The rules "create no enforceable rights" and do not "restrict the authority granted to the President."
Source: 28 CFR 1.2, 1.3, 1.6 and 1.11 (Electronic Code of Federal Regulations).
The Nixon Pardon Came Before Any Charge
On August 5, 1974, Mary Lawton, the acting head of the Justice Department’s Office of Legal Counsel, sent the Deputy Attorney General a short memo. A note in the office’s daybook says she hand-carried it. It answered whether President Nixon could pardon himself: “Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself” (DOJ OLC).
The memo offered a workaround. Under the 25th Amendment, Nixon could declare himself temporarily unable to serve, and the vice president, as acting president, could pardon him.
Nixon took neither path. He resigned on August 9. One month later, on September 8, President Ford signed “a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in” during his presidency (Proclamation 4311). No charge had been filed.
Ford told the country the case was “an American tragedy in which we all have played a part. It could go on and on and on, or someone must write the end to it.” Three months later, the Court’s ruling in Schick v. Reed confirmed how little room Congress has: because the power “derives from the Constitution alone, it cannot be modified, abridged, or diminished by any statute” (Schick v. Reed).
Each major pardon ruling widened the power or confirmed its reach.
- Ex parte Garland A pardon can come before charges, during a trial, or after conviction, and Congress cannot limit it.
- Burdick v. United States A person may refuse a pardon, which carries "an imputation of guilt."
- OLC memo and the Nixon pardon The Justice Department says a president cannot pardon himself. Ford pardons Nixon before any charge.
- Schick v. Reed The power cannot be "modified, abridged, or diminished by any statute."
- Trump v. United States The pardon power is "conclusive and preclusive," beyond Congress's reach.
- January pardons Biden issues preemptive pardons; Trump pardons January 6 defendants by proclamation.
Sources: Cornell Legal Information Institute (Garland, Burdick, Schick); DOJ Office of Legal Counsel; Proclamation 4311; Supreme Court of the United States; DOJ Office of the Pardon Attorney; Federal Register.
: 1866: Ex parte Garland (A pardon can come before charges, during a trial, or after conviction, and Congress cannot limit it.). 1915: Burdick v. United States (A person may refuse a pardon, which carries "an imputation of guilt."). 1974: OLC memo and the Nixon pardon (The Justice Department says a president cannot pardon himself. Ford pardons Nixon before any charge.). 1974: Schick v. Reed (The power cannot be "modified, abridged, or diminished by any statute."). 2024: Trump v. United States (The pardon power is "conclusive and preclusive," beyond Congress's reach.). 2025: January pardons (Biden issues preemptive pardons; Trump pardons January 6 defendants by proclamation.).
1866: Ex parte Garland let Augustus Garland, a former Confederate senator from Arkansas, keep practicing law before the Supreme Court under his presidential pardon, and set the rule that the power reaches an offense “at any time after its commission.”
1915: Burdick v. United States held that George Burdick, city editor of the New York Tribune, could refuse a pardon handed to him so he could no longer decline to testify.
1974: The Office of Legal Counsel concluded on August 5 that a president cannot pardon himself, and Ford pardoned Nixon on September 8. In December, Schick v. Reed held that no statute can narrow the power.
2024: Trump v. United States named the pardon power among the president’s “conclusive and preclusive” powers, “disabling the Congress from acting upon the subject” (Trump v. United States).
2025: In his last days in office, President Biden pardoned people who had not been charged, and on his first day back, President Trump pardoned people convicted for January 6 by a single proclamation. Both are covered below.
Can a President Pardon Himself
No president has tried, and no court has decided it. The Library of Congress’s annotated Constitution lists the self-pardon among the questions that “have been the subject of debate but have not been addressed by the Supreme Court” (Constitution Annotated).
The only official answer is the 1974 Justice Department memo: no, because “no one may be a judge in his own case.” That memo is legal advice, not a ruling, and a later Justice Department could reach a different view.
The argument on the other side starts from the text. The clause lists one exception, impeachment, and says nothing about the president’s own offenses. Legal scholars have surveyed both readings, and the annotated Constitution cites that debate without resolving it (Constitution Annotated).
The November 2025 proclamation that pardoned people tied to the 2020 election said so directly: “This pardon does not apply to the President of the United States, Donald J. Trump” (Proclamation 10989).
How Many Pardons Presidents Grant
Presidents granted far more pardons in the 1970s than since, and the second Trump term is running at the highest pace since Carter. The Justice Department’s counts below are divided by months in office and scaled to a year, rounded, so terms of different lengths compare fairly:
Ford, Nixon, and Carter pardoned more than 130 people a year. Every president since has pardoned fewer than 85 a year, and Biden about 20.
| Category | Value |
|---|---|
| Nixon | 155 |
| Ford | 158 |
| Carter | 134 |
| Reagan | 49 |
| G.H.W. Bush | 19 |
| Clinton | 50 |
| G.W. Bush | 24 |
| Obama | 27 |
| Trump (1st) | 36 |
| Biden | 20 |
| Trump (2nd, to Sept. 2026) | 84 |
Sources: DOJ Office of the Pardon Attorney, clemency statistics (January 23, 2025) and Trump grant list (September 9, 2026). Class pardons by proclamation excluded, as in DOJ's counts.
Commutations tell a different story. President Obama commuted 1,715 sentences and President Biden 4,165, most for drug offenses. Biden granted 4,033 of his in his last three and a half months (DOJ). By the Justice Department’s list, Trump’s second term had granted 137 individual pardons and 28 commutations through September 9, 2026 (DOJ).
Those counts leave out the largest grants. The Justice Department does not count people pardoned as a class by proclamation. On January 20, 2025, Proclamation 10887 commuted 14 named sentences and granted “a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.” NPR reported that it reached some 1,500 people (NPR).
Where the 2025-26 Pardon Fights Stand
Three fights test the edges of the power: pardons granted before any charge, pardons for a whole class of people, and whether a pardon signed by machine can be undone.
Where Each Pardon Question Stands
As of September 25, 2026
- January 6 pardons (Proclamation 10887) Agency action, in effect
Pardoned everyone convicted for January 6 and commuted 14 sentences, January 20, 2025. The Supreme Court says courts "cannot examine" a president's use of this power. (source)
- 2020 election pardons (Proclamation 10989) Agency action, in effect, federal only
Pardoned 77 named people and "all United States citizens" for conduct tied to 2020 elector slates, November 7, 2025. None faced federal charges, and several still face state charges. (source)
- Biden's preemptive pardons Agency action, in effect, untested in court
Pardons for offenses people "may have committed," covering Anthony Fauci, Mark Milley, the January 6 committee, and five Biden relatives, dated January 19, 2025. (source)
- Autopen-signed Biden pardons Agency action, declared void, untested
The House Oversight Committee "deems void" autopen warrants without proof Biden decided them (October 28, 2025). Trump declared them "terminated" on November 28, 2025. We found no court ruling. (source)
- Justice Department autopen review Agency action, open
Ordered in June 2025. We found no published findings as of September 2026. (source)
Source: Federal Register; DOJ Office of the Pardon Attorney; DOJ Office of Legal Counsel; House Oversight Committee via The Washington Times; Government Executive; Votebeat
Preemptive pardons have a long precedent. Ford’s pardon of Nixon came before any charge, and Garland allows a pardon “before legal proceedings are taken.” Biden’s January 2025 pardons follow that pattern. Fauci’s covers “any offenses against the United States which he may have committed or taken part in” tied to his public health service since 2014 (DOJ).
The autopen fight turns on who decided, not on how the signature got there. A 2005 Justice Department opinion says a president may sign a bill “by directing a subordinate to affix the President’s signature to such a bill, for example by autopen,” while stressing that the decision itself cannot be delegated (DOJ OLC). The House Oversight Committee concluded that Biden “was losing command of himself” and was not personally involved in many actions signed by autopen (The Washington Times). Biden responded, “I made the decisions about the pardons, executive orders, legislation, and proclamations” (Government Executive).
Proposals to Limit the Pardon Power
Because Congress cannot narrow the power by statute, the serious limits on the table are constitutional amendments, and none has had a hearing. An amendment needs two-thirds of both chambers and ratification by 38 states. The one statute in play would only require the president to explain each grant.
Bills in the 119th Congress to limit or expose pardons
Source: Congress.gov bill status data via govinfo, checked September 26, 2026; bill texts for H.J.Res. 135 and S. 256
The two amendments take different routes. Cohen’s lists people a president could never pardon, so it would stop a self-pardon outright. Olszewski’s adds a check after the fact instead: it leaves the power whole but lets a supermajority of Congress undo any single grant.
The Honest Disagreement
The case for a broad power is as old as the Constitution. Alexander Hamilton argued in Federalist 74 that “the benign prerogative of pardoning should be as little as possible fettered or embarrassed,” because without “easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel” (Federalist 74). Supporters of recent pardons argue that they correct prosecutions they see as political, which is how Proclamation 10887 described the January 6 cases: “a grave national injustice.”
The case for limits comes from critics who argue the power is being used to reward allies and shield misconduct. The group Protect Democracy argues that “the power to pardon is not, in fact, absolute under our Constitution” and points to checks that already exist, such as bribery law. It cites the grand jury federal prosecutors convened in 2001 over a Clinton pardon that “appeared to be a quid pro quo with a donor” (Protect Democracy).
The two sides share one point: the Constitution’s text, not Congress, sets the limits. They differ over whether bribery laws, impeachment, and elections are enough of a check.
What the Pardon Power Cannot Do
- It cannot reach state crimes. A presidential pardon covers “Offenses against the United States.” People named in the 2020 election proclamation still face state charges, “for which the president has no pardon power,” Votebeat reported (Votebeat).
- It cannot stop an impeachment. The clause excludes “Cases of Impeachment.”
- It cannot forgive a crime not yet committed. Garland says the power applies “after its commission.”
- It does not erase the conviction or end civil cases. The record remains, and an SEC or IRS civil case can go on (DOJ).
- It is not a finding of innocence. In the Justice Department’s words, a pardon “does not signify innocence.”
Frequently Asked Questions
Can a president pardon himself?
No court has decided it. The Justice Department concluded in 1974 that a president cannot, because “no one may be a judge in his own case,” but that is legal advice, not a ruling. No president has tried.
Can Congress override a presidential pardon?
No. The Supreme Court held in 1866 and again in 1974 that Congress cannot limit or undo a pardon, and in 2024 it called the power “conclusive and preclusive.” Congress’s tools are indirect: impeachment and bribery law.
Who cannot be pardoned by the president?
Anyone convicted only of a state crime, because the power covers federal offenses. A president also cannot use it to stop an impeachment or to forgive crimes that have not happened yet.
What is the difference between a pardon and a commutation?
A pardon forgives the crime and restores rights lost with it. A commutation only shortens or ends the sentence; the conviction and its other effects stay.
Can a president overrule a previous president's pardon?
No court has held that one can. In November 2025, President Trump declared pardons signed for President Biden by autopen “terminated,” and the House Oversight Committee called them void, but no court has ruled on either claim.
What You Can Do
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Read the pardon itself. The Justice Department posts every individual grant, with the warrant, on its clemency recipients page. Proclamations for groups appear in the Federal Register.
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If you or someone you love has a state conviction, contact that state’s governor’s office or pardon board. A presidential pardon cannot help, and the Office of the Pardon Attorney points state cases there.
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Ask your members of Congress what they will do about pardon abuse. Congress cannot limit the pardon power, but it can investigate whether a pardon was bought. Our letter-writing guide shows how to ask a specific question.
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Vote on November 3, 2026. The main check on a president’s pardons is the next election. Vote.gov links to every state’s registration check.
For how Congress can remove a president, see our impeachment explainer. For the related fight over what a president can keep secret, see executive privilege, and for what a president can be prosecuted for, see presidential immunity.