Johana Linford, Senior Research Fellow
In December, President Biden faced backlash for pardoning his son Hunter Biden, contrary to earlier indications that he would not do so. This was Biden's 26th pardon during his presidency, according to the DOJ. President Biden's use of the controversial pardon power is not unusual, by historical standards (Trump had issued 29 pardons during his first term alone). Instead, Biden has relied more on the use of commutations. On December 12, Biden commuted the sentence of around 1,500 individuals making it the "largest single-day act of clemency in modern history." This was later eclipsed on January 17th, with almost 2,500 commutations.
Presidents are known for issuing a large number of pardons during their final weeks in office. On his last day in office, January 20, 2001, President Clinton issued 177 pardons and commutations, including the controversial pardon of financier Marc Rich. In his concluding weeks, President Obama granted clemency to numerous individuals, including 330 commutations on January 19, 2017, his final full day in office. On January 19, 2021, his final day in office, President Trump issued 116 acts of clemency, comprising both pardons and commutations.
How do Biden's numbers compare? According to Pew Research Center, "[Biden] has now issued more acts of clemency than any recent president except Obama – and more than the last five Republican presidents combined."
A breakdown of these numbers is presented here, based on available data from the DOJ:
Many presidents grant the majority of their petitions during their final fiscal year (Oct. 20 - Jan. 20) in office. As shown in the graph below, Biden has broken the record of recent presidents by issuing 96% of his acts of clemency in this period. Close behind Biden is Trump (during his first term) at 84% and Obama at 61%.
The Department of Justice also includes data on the total number of petitions received as well as the number of petitions granted. According to our analysis, President Biden has the highest percentage of acts of clemency granted throughout his presidency at 29%, with Ford close behind at 26%. G.W. Bush and Trump have granted the fewest petitions at only 2%.
State Pardons
In the United States, both the President and state governors possess the authority to grant pardons, but their powers are distinct in scope and application.
The U.S. Constitution grants the President the power to pardon individuals for federal offenses (crimes prosecuted under federal law). However, the President's pardoning power does not extend to state crimes.
While more limited, state governors can, to a certain extent, grant pardons as well. The extent of this authority varies by state, with some governors possessing sole discretion to grant pardons, while others must act in conjunction with a pardons board or advisory group. In certain states, independent boards have exclusive authority over pardons. For example, in six states (Utah, Connecticut, Georgia, Idaho, and South Carolina) an Independent Board of Pardons has the sole discretion to grant clemency.
Frequency and policy vary from state to state and change depending on the year and governor. For an in-depth comparison of each of the fifty states, visit the Collateral Consequences Resource Center's website. It provides an in-depth comparison of pardon policies and state-by-state information on pardon powers in state constitutions.
Based on data from the CCR, here is a map illustrating the relative pardoning frequency among states:
Summary
The pardoning power in the United States is vested in the President by Article II, Section 2, Clause 1 of the U.S. Constitution, which states: "The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." As it relates to federalism, the President's clemency power is limited to federal offenses and does not extend to state crimes. In January 2025, President Biden granted clemency to nearly 2500 individuals, marking the largest single-day act of clemency in modern history.
While Biden's clemency numbers are notable, especially compared to his recent predecessors, they also reflect broader patterns observed in presidential politics, where significant acts of clemency occur at much higher rates toward the end of a presidency. Comparatively, Biden's clemency record, though still incomplete, surpasses that of the last five Republican presidents combined and is second only to President Obama in recent history.
At the state level, the power to grant pardons remains unevenly applied, with significant variation across governors and years. Federalism allows for different models of pardon administration. 6 states have Independent review boards, while in 22 states, the Governor shares power with a board. In 19 states, the Governor may (but does not have to) consult with a board. In 5 states, there is no statutory advisory process.
For more details on each state, see: https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncharacteristics-of-pardon-authorities-2/
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Johana Linford
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