By the end of his second and final term on January 20, 2017, United States President Barack Obama had exercised his constitutional power to grant the executive clemency—that is, "pardon, commutation of sentence, remission of fine or restitution, and reprieve"[1]—to 1,927 individuals convicted of federal crimes. Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons.[2][3] Most individuals granted executive clemency by Obama had been convicted on drug charges,[4] and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.[5]
Obama holds the record for the largest single-day use of the clemency power, granting 330 commutations on January 19, 2017, his last full day in office.[6][7] He also issued more commutations than the past 13 presidents combined.[2][8]
The pardon powers of the president are outlined in Article Two of the United States Constitution (Section 2, Clause 1), which provides:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
A pardon is an executive order granting clemency for a conviction, it may be granted "at any point after the ... commission" of the crime.[9] As per Justice Department regulations, convicted persons may only apply five or more years after their sentence has been completed.[10] However, the president's power to pardon is not restricted by any temporal constraints except that the crime must have been committed. Its practical effect is the restoration of civil rights and statutory disabilities (e.g., firearm rights, occupational licensing) associated with a past criminal conviction.[10] In rarer cases, such as the pardon of Richard Nixon, a pardon can also halt criminal proceedings and prevent an indictment.
A commutation is the mitigation of the sentence of someone currently serving a sentence for a crime pursuant to a conviction, without vacating the conviction itself.[10]
This is a partial list of people pardoned or granted clemency by a United States president, ordered by date of pardon or commutation. For an updated list, see U.S. Department of Justice.[11]
During his 4th to last day in office, Obama pardoned James Cartwright, who was awaiting sentencing for giving false statements to federal investigators, and Willie McCovey was pardoned for tax evasion.[15][16]
December 19, 2013
On this day, Obama announced he would be commuting the sentences of 46 drug offenders.[17]
On this day, Obama announced he would be commuting the sentences of 42 offenders.[18]
Obama granted 78 commutations on this day.[4]
On this day, Obama pardoned 64 individuals and commuted the sentence of 209 individuals (109 of whom faced life sentences).[2] These included Chelsea Manning and Oscar López Rivera, enabling them to be released from prison on May 17, 2017.[19][20]
Obama commuted the prison sentences of 330 federal inmates on Thursday, January 19, 2017, his last full day in office. Obama did so, as one of his final acts in office, in order to reduce what he viewed as overly harsh punishments.[8]
The power thus conferred is unlimited, with the exception stated. 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.