Quick Tip: The Presidential Pardon Power
In the final hours of his presidency, Joe Biden issued preemptive pardons to retired Gen. Mark Milley, Dr. Anthony Fauci, members of Congress and staff who served on the January 6 Committee, as well as U.S. Capitol and Washington, D.C., police officers who testified before the committee. Biden emphasized that these pardons were not an admission of any wrongdoing but rather a safeguard against potential "unjustified and politically motivated prosecutions."
Later that same day, Donald Trump, after being sworn in as the 47th President of the United States, granted clemency to approximately 1,500 individuals convicted for their roles in the January 6 Capitol attack. This included full pardons for many and commutations for key figures like Enrique Tarrio, leader of the Proud Boys, and Stewart Rhodes, founder of the Oath Keepers.
For bar exam preparation, these actions provide a timely opportunity to review the presidential pardon power:
✅ Scope of Authority: The president’s pardon power applies exclusively to federal offenses and does not extend to state crimes or impeachment cases.
✅ Timing and Application: Pardons can be issued at any point after a federal offense has been committed, even before formal charges are filed or a trial occurs.
✅ Finality of Pardon: A presidential pardon is irrevocable once granted. Neither Congress nor future presidents can overturn it, underscoring the permanence of this executive authority.
These real-world examples illustrate how the pardon power functions and its constitutional boundaries, providing a practical context for exam questions on executive authority and federalism.
