December 13 – Excuse me.
It’s a phrase you might hear as someone slides past you in an aisle at the store — unless you’re in Minnesota, where it would be, “Ope! I’m just going to blast past you!” An “uff da” or “you betcha” can be thrown in for good measure.
It’s another version of excuse me. You’re not really begging. You hardly ask. It’s a simple nod to politeness – words we hardly think about as we go through the social contract of interacting with each other.
But according to the law, a pardon is something very special, and asking for it is often a bit like begging.
Pardons can be granted by a president or a governor. It is a complete forgiveness – legally at least – that carries legal consequences. It is a step above commutation, an action that changes the sentence but leaves the conviction in place. Commutation generally shortens or modifies the sentence, including retaining the death penalty and commuting it to life in prison. Both fall under the umbrella of clemency, the government’s ability to extend mercy.
It is one of the presidency’s best-known powers that requires no congressional action and is not subject to Supreme Court intervention. The president can forgive anyone for any federal crime – with one caveat.
“…He shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
And presidents have done just that. Of modern leaders, Franklin Delano Roosevelt, our longest-serving administrator, unsurprisingly granted the most pardons: 3,687 and another 1,385 who resigned. George HW Bush handed out only 74 pardons and only three commutations during his one term in office. Barack Obama granted 212 pardons, just over half Bill Clinton’s number, but commuted the sentences of 1,715 people.
But let’s be honest. Right now, the only pardons anyone cares about are those of President Joe Biden — and those of former and future President Donald Trump.
Both carried luggage. Trump pardoned a number of people close to his government, his family or his campaign, including the father-in-law of daughter Ivanka, his choice for ambassador to France. His total numbers were low: only 144 pardons and 94 commutations. He has suggested that he will grant clemency in some way to those arrested after the January 6, 2021, Capitol riot.
Biden pardoned 39 people and commuted about 1,500 sentences on Thursday alone. He will be better known for the only pardon he announced on December 2 – that of his son Hunter. Biden previously promised not to do this.
There are no limits for a president when it comes to who will receive that grace. There are no controls. However, there is a weight on the legacy that will follow. No one will ever forget Gerald Ford pardoning Richard Nixon, something he could not have done if that case became an impeachment proceeding.
U.S. Sen. John Fetterman, D-Pennsylvania, has suggested that Trump’s hush money case should also be forgivable. There is nothing in the rules that says this can’t be done.
But presidents must remember that just because you have power doesn’t mean you have to use that power. It’s okay to keep that gun in the holster. Biden should keep that in mind as he weighs proactive clemency before leaving office.
When it becomes so common, the pardon seems to lose its seriousness. It is not a formal, measured action taken after deliberation and petition.
It becomes someone who simply pushes a shopping cart down the aisle of the supermarket. I’m just going to shoot past you and get to this grace here. Certainly!
Lori Falce is the Tribune-Review’s community engagement editor and opinion columnist. For more than three decades, she has covered Pennsylvania, Penn State, crime and community politics. She joined the Trib in 2018. She can be reached at lfalce@triblive.com.
