In 1795when George Washington faced the challenges of a young nation, a rebellion shook the mountains of Pennsylvania: farmers protested against a tax whisky in what became known as the Whiskey Rebellion. Although the insurgents were arrested and convicted, Washington decided to grant them the presidential pardonstating that “mercy can be a better instrument to consolidate national unity than revenge.”
This episode marked the first use of presidential pardon in the history of USAestablishing a key precedent for one of the most exclusive and controversial powers in the president. Since then, the presidential pardons have been used in various circumstances, from restoring civil rights until resolving political crises. However, the scope and controversies surrounding them have generated debates that remain current.
He presidential pardon It is a form of clemency granted by the president of the United States that eliminates or mitigates the legal consequences of a federal conviction. This power is established in the Article II, Section 2 of the US Constitutionwhich authorizes the president to “grant pardons and commutations for crimes against USAexcept in cases of impeachment.”
Unlike a commutationwhich reduces a sentence without eliminating the conviction, the pardon completely restores civil rights of the individual, such as the right to vote or to bear arms. It is important to highlight that the presidential pardons They only apply to federal crimes; State crimes fall under the jurisdiction of the governors.
He pardon Its main objective is to repair injustices or act in the national interest. Historically, it has been used to: Rehabilitate people who have demonstrated remorse or reform; Reduce social tensions, as in cases of amnesties related to war conflicts or send a political message of reconciliation, as happened after the Civil war with the leaders confederates.
Since the case of the Whiskey Rebellionlos pardons They have been used at key moments. Andrew Johnsonafter the Civil warpardoned hundreds of leaders confederates in an effort to reunify the country. Jimmy Carter granted a amnesty to those who evaded military service during the Vietnam Warseeking to heal the wounds of a conflict that divided society.
Over time, this power has evolved from being a tool to promote national unity to become, at times, a controversial resource in the hands of presidents.
The process begins with a formal request addressed to the Department of Justicespecifically to the Office of the Pardon Attorney. Applicants must have served at least five years since their conviction or release before applying. Once received, the application is evaluated by the Department of Justicewhich considers factors such as the severity of the crime, subsequent behavior, and the impact of the pardon in society.
Although this office issues recommendations to presidentthere is no legal obligation for the president to follow them, which reinforces the discretionary nature of this power.
He president has the absolute authority to grant a pardoneven without the recommendation of the Department of Justice. However, the Constitution imposes a single limitation: pardons They cannot be applied in cases of impeachment, an aspect designed to prevent abuse of power in the government sphere.
While the presidents They deal only with federal crimes, governors Each state has the authority to pardon crimes committed under state laws. This parallel system guarantees that both the federal and state levels can handle clemency cases according to their respective powers.
After the scandal of Watergatewhich led to the resignation of Richard Nixonhe presidente Gerald Ford decided to forgive him for any crime related to his administration. The decision, which Ford justified as a necessary step to heal the country, was widely rejected by the public and is considered one of the factors that contributed to his electoral defeat in 1976. This pardon sparked intense debate over the use of presidential power to protect high-ranking political figures.
In one of the most controversial cases of his presidency, Bill Clinton awarded a pardon to the financier Marc Richwho had fled the country after being accused of tax evasion y commercial fraud. He pardonissued in the last hours of the mandate of Clintonwas harshly criticized due to the connections of Rich with significant political donations, including one to the Clinton Foundation.
During his two terms, Barack Obama awarded more than 1,900 pardons and commutations, focusing on people with disproportionate sentences related to minor drug offenses. This approach sought to address racial and social disparities in the justice system, marking a change in the use of pardon towards causes of social justice. Among the most emblematic cases was that of Chelsea Manningwho received a commutation of his 35-year sentence for leaking confidential documents to WikiLeaks.
In a move that sparked strong criticism, Donald Trump forgave Joe Arpaioel exsheriff de Arizona known for his controversial practices against immigrants and for having been convicted of contempt for ignoring court orders to stop his discriminatory policies. This pardon It was seen as a political gesture towards his electoral base, particularly among sectors that supported a hard line against immigration.
Also, in December 2020, during his last days in the White House, Donald Trump awarded a pardon a Charles Kushnera real estate magnate and his daughter’s father-in-law Ivanka Trump. Charles Kushnerbillionaire businessman and father of Jared Kushnersenior advisor of Trumpwas convicted in 2005 of several serious crimes such as tax evasion, witness tampering and illegal donations to political campaigns.
He pardon a Charles Kushnergranted on December 23, 2020, was part of a series of presidential clemencies that included political allies, such as Paul Manafort (former campaign manager Trump) y Roger Stone (close advisor). The decision was harshly criticized by legal experts, political analysts and civil organizations, who pointed out that Trump used the power of pardon to reward people close to him, rather than considering objective criteria of justice or rehabilitation.
He presidential pardon has been the target of criticism when it is perceived as a means to benefit political allies or evade justice. These ethical questions have been especially notable in cases such as that of Nixon o Marc Richwhere conflicts of interest were alleged.
In it Congress proposals have been debated to limit the scope of the presidential pardonintroducing greater transparency or supervision requirements. However, such initiatives face resistance due to the strong constitutional roots of this power.
