President Obama's Pardon Power: Facts and Myths

It is commonly misstated that President Obama has the power to pardon individuals, particularly in light of his historical pardons during his presidency. However, the facts regarding executive clemency are more nuanced and complex than these anecdotes suggest. This article aims to dispel myths and provide a comprehensive understanding of President Obama's pardon power, as well as the broader context of presidential clemency in the United States.

Myths vs. Reality

One prevalent myth is that President Obama remains president and therefore retains the power to pardon individuals, including those convicted of federal crimes. This is a misunderstanding of the nature of the presidency and the term of office.

Myth 1: Obama has not been president since 2017, so he does not have the power to pardon anyone.

While it is true that Obama stepped down from his role as president in 2017, it is important to remember that the term of a U.S. president typically spans four years. The president typically takes office in January, with the term ending four years later. Consequently, President Obama's presidency concluded on January 20, 2017, and since then, he has not been in a position to issue pardons.

Only a Sitting President Can Issue Pardons

According to the U.S. Constitution, only the president who is currently in office can issue a pardon. This power is granted to the president through Article II, Section 2, which states, "The President ... shall have the Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This means that a pardon can only be granted by the sitting president for federal crimes. Once a president resigns or leaves office, they no longer retain this power.

Why Ask Such a Question?

Theodore Roosevelt once famously said, "A day spent without a joke is a day wasted." However, there's a playful side to this question: why would someone ask a question about President Obama's pardon power when he left office in 2016, and his powers accordingly expired? One could jokingly suggest that he was busy handling the "terror alerts" or other responsibilities during his tenure as president.

Historical Context

To provide further context, it is worth noting that Richard Nixon, another former president, was forgiven for crimes related to the Watergate scandal. In 1974, President Gerald Ford pardoned Nixon of any offenses that might arise directly from his role in the Watergate scandal. This particular pardon has led to much debate and still stands as a precedent.

Facts About Pardons

For a president to issue a pardon, they must have the authority to do so. Pardons are only applicable to federal crimes and cannot affect state-level criminal convictions. Furthermore, a pardon is not a straightforward affair. Kennan (2018) argues that pardons require the identification of a specific individual and the nature of their crime. Without this level of specificity, a future pardon before the crime is committed is not possible.

Future Pardons

Some individuals may wrongly believe they can obtain a future pardon for a crime they have not yet committed. However, pardons only apply to crimes that have already been committed and for which an individual may have been convicted. Issuing a pardon before the crime is committed would be challenging, as the individual cannot be convicted without first being apprehended and charged.

Accepting a Pardon

Accepting a pardon does not mean the person is exonerated or absolved of all wrongdoing. Rather, it means that the individual is relieved of the penalties associated with the crime. However, this does not negate any potential civil liabilities or other consequences, such as restrictions on citizenship rights, voting rights, or employment opportunities. It is crucial for individuals to understand the implications of accepting a pardon and ensure that they are not accepting one for a crime that might involve additional legal repercussions.

Conclusion

In summary, President Obama's powers to issue pardons ended when his tenure as president concluded on January 20, 2017. Any claims to the contrary are based on a lack of understanding of the U.S. presidential system and the nature of executive clemency. Only sitting presidents have the authority to grant pardons for federal crimes. Thus, the concept of a President Obama being able to pardon individuals today is a historical anachronism and a myth.

References:

Kennan, Peter. "Presidential Pardons and Clemency." Journal of Criminal Law and Criminology, vol. 108, no. 2, 2018, pp. 251-278.