Biden’s Pardons: A Comparison with Trump’s and Other Presidents
This article has been updated with the latest information.
In the final moments of his presidency, President Joe Biden granted broad preemptive pardons on Monday to key government figures, members of the bipartisan January 6th committee, and several relatives, justifying this action to avert potential retaliation from then-President-elect Donald Trump.
Biden’s sweeping pardons, which protect recipients from future legal action, represent an unprecedented effort to safeguard some of Trump’s prominent adversaries from legal consequences, according to YSL News.
The individuals pardoned by Biden include:
- Five family members, comprising brothers James and Francis Biden, and sister Valerie Biden
- Gen. Mark A. Milley, ex-chairman of the Joint Chiefs of Staff
- Dr. Anthony S. Fauci, former director of the National Institute of Allergy and Infectious Diseases
- Members of the January 6th committee and their support staff
- Police officers who provided testimony to the committee
The family members include brother James B. Biden; his wife Sara Jones Biden; sister Valerie Biden Owens; her husband John T. Owens; and brother Francis W. Biden.
On December 1, Biden also pardoned his son Hunter.
“My family has faced constant harassment and threats aimed solely at damaging me – a distressing example of partisan politics. Sadly, I believe these attacks will persist,” Biden stated.
The nine members of the January 6th committee consist of seven Democrats and two Republicans, Liz Cheney from Wyoming and Adam Kinzinger from Illinois. The exact number of staff members from the committee who received pardons was not immediately provided.
While none of these individuals have faced criminal charges, they were seen as likely targets given Trump’s pledges of “retribution” against his political adversaries should he return to the presidency, according to YSL News.
Biden also granted pardons to Gerald Lundergan, who was convicted of illegal campaign contributions, and Ernest Cromartie, whose conviction was for tax evasion.
Additionally, he commuted the life sentence of Leonard Peltier, a Native American activist convicted of killing two FBI agents on the Pine Ridge Indian Reservation back in 1975. Peltier maintains his innocence, and the fairness of his trial has been questioned.
On Sunday, President Joe Biden pardoned five individuals, including the late civil rights figure Marcus Garvey, and commuted the sentences of two additional people, as announced by the White House.
Biden, who has served one term as president, has extended clemency to nearly 4,180 individuals, the highest number granted by any president, including those who have served two terms.
Although the total count of Biden’s pardons has not been fully disclosed, he has granted at least 88 individual pardons to date, the lowest number for any president since George H.W. Bush, who issued 74 during his single term.
The total number of January 6th committee staffers pardoned by Biden could considerably increase his overall count.
In contrast, Trump pardoned 144 individuals and granted clemency to 94 during his first term, some of which were also contentious actions.
A History of Presidential Pardons in the U.S.
Biden, on Friday, announced the commutation of 2,500 criminal sentences related to nonviolent drug offenses, which he described as “disproportionately long” compared to contemporary sentencing, setting a record for the largest number of commuted sentences issued by a sitting president.
In December, Biden provided clemency to an extraordinary number of individuals, awarding pardons to 39 convicted of nonviolent offenses and commuting the sentences of another 1,499. Until his latest announcement, this represented the largest single-day clemency action in American history.
According to the Constitution, presidents possess the authority to grant executive clemency to individuals convicted in federal criminal cases. Executive clemency encompasses two primary powers:
- Pardons annul federal convictions, relieve individuals from punishment, and restore certain rights like voting, running for office, obtaining professional licenses, and firearm ownership. However, they do not remove the conviction record itself.
- Commutations lessen sentences while preserving the validity of the convictions.
Presidential pardons do not apply to state crimes and cannot protect a president or other governmental figures from impeachment. Neither Congress nor the courts can overturn a pardon.
Comparing Pardons by Donald Trump and Joe Biden
Trump’s contentious pardons included those of key advisor Steve Bannon, Charles Kushner, Jared Kushner’s father, and Michael Flynn, previously Trump’s national security advisor.
In addition to his son Hunter, Biden’s controversial pardons involve Rita Crundwell, the former comptroller of Dixon, Illinois, who was convicted of misappropriating over $53 million from the city.
Biden also commuted the sentence of Jimmy Dimora, a former Cuyahoga County commissioner found guilty on 32 counts of bribery and public corruption in Ohio.
Pardons Made on the Final Day of Office
On his last full day in office, Trump granted 74 pardons and 70 commutations, which included several for political allies but none for himself or his family members.
Significant Presidential Pardons and Commutations
The Whiskey Rebellion of 1794 involved farmers and distillers from Pennsylvania who protested violently against the federal government’s ban on whiskey and liquor. In the first act of federal clemency in U.S. history, President George Washington pardoned the protesters to quell the unrest.
Pardoned all Confederate soldiers who fought during the Civil War.
Commuted the death sentence of Oscar Collazo, who attempted to assassinate President Truman, changing it to life imprisonment. In 1979, Jimmy Carter commuted Collazo’s life sentence, which subsequently led to his release.
Commuted former Teamster leader Jimmy Hoffa’s sentence from 13 years to less than five years served.
Pardoned Richard Nixon, offering a “full, free, and absolute pardon for all offenses against the United States committed by him between January 20, 1969, and August 9, 1974.”
Commuted Watergate burglar G. Gordon Liddy’s sentence from 20 years to eight years.
Pardoned Peter Yarrow, a member of Peter, Paul and Mary, who had pleaded guilty in 1970 and served three months in jail for an offense involving a minor.
Granted pardons to over 200,000 Vietnam War draft resisters.
Commuted the seven-year sentence of Patty Hearst, who was abducted by the militant Symbionese Liberation Army in 1974 and later convicted of robbing a bank.
Pardoned George Steinbrenner, the owner of the New York Yankees, for making illegal contributions to Nixon’s reelection campaign in 1972.
Pardoned Caspar Weinberger, the former Defense Secretary, Robert McFarlane, a former national security adviser, and four others involved in the Iran-Contra scandal.
Pardoned his half-brother, Roger Clinton, following a cocaine conviction in 1985.
Pardoned Patty Hearst again.
Pardoned financier Marc Rich, who faced charges for failing to pay $48 million in taxes among other crimes, and was accused of violating trade rules with Iran while avoiding arrest in Switzerland. Critics claimed Clinton’s decision was influenced by donations to the Democratic Party from Rich’s ex-wife.
Pardoned Susan McDougal, his former partner in a real estate venture, and three others related to an Arkansas controversy.
Commuted the sentence of I. Lewis “Scooter” Libby, who was found guilty of obstruction of justice and lying under oath related to the Valerie Plame Wilson CIA agent case.
Lastly, commuted the 35-year sentence of former Army Private Chelsea Manning, who faced charges for leaking classified information.
CONTRIBUTING: Javier Zarracina, Suhail Bhat, Yoonserk Pyun, and John Heasly
SOURCE: YSL News Network reporting and research; Reuters; potus.com; Department of Justice, Office of the Pardon Attorney; whitehouse.gov
