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my2cents

Is there a way to overturn a Presidential pardon/commutation?

Biden is issuing more acts of pardoning clemency like no President (in recent history) before him  
More pardons than all others combined.  

He is commuting death row inmates to life in prison.
(37 of 40)

**edited to correct terms and removed incorrect graph)

Posted - Tue at 5:00 AM
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Responses


  • 3841
    "The U.S. Constitution states, "The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." (U.S. Const., art. II, § 2, cl. 1.) This language gives the president broad pardoning power, with very few limitations. (Schick v. Reed, 419 U.S. 256 (1974).) Moreover, the pardon power is the president's alone—the president's decision to grant a pardon cannot be overturned by Congress or the courts."

    https://www.criminaldefenselawyer.com/resources/presidential-pardon-powers-and-limits.html
      December 24, 2024 8:51 AM MST
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  • 11105
    I believe your source is incorrect.  Carter pardoned over 200K drafted dodgers after the Vietnam War.  Confederate soldiers also got pardons, but I don't recall the number or which president.

    Biden did issue a blanket pardon for certain marijuana convictions, which accounts for over 6000 of his pardons.

    But when it comes to individual pardons, Biden had less than half of Trump or Obama.

    Commutation is not a pardon. Biden is opposed to the death penalty and is following his conscience, especially since Trump said he would speed up executions. I have no opinion on this.
      December 24, 2024 9:22 AM MST
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  • 3841
    Thank you.  The question, however, unless I misread it, is whether a pardon can be overturned.  In the case of Carter, he didn't overturn pardons - he initiated them.  Am I reading this wrong?

    No, commutation is not a pardon.  The distinction is missed by some. This post was edited by Spunky at December 24, 2024 12:59 PM MST
      December 24, 2024 12:45 PM MST
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  • 11105
    No, you are correct. I was just looking for an explanation of how Biden supposedly issued more pardons than all other presidents combined, given the fact that the last number I heard, was, I believe, 65. It makes sense to not count Carters blanket pardon, but the number shown for Biden then shouldn't include blanket pardons either. So, I am puzzled. 
      December 24, 2024 4:08 PM MST
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  • 3841
    Understood, but we both know the reason that graph was posted is because the green line for Biden is the longest.  Merry Christmas. :)
      December 24, 2024 6:45 PM MST
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  • 34452
    The Dept of Justice has the stats and they do not count pardons/communtations/etc that are issued via executive orders or Presidential proclamations, so Ford and Carters are not in the stats. 

    So if that is the case, Biden's blanket pardon for pot violations would not be counted in his numbers.
      December 24, 2024 3:08 PM MST
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  • 11105
    The numbers from the DOJ do not match your source, so I am puzzled at the assertion of more Biden pardons than all others combined. 



    This post was edited by Jane S at December 24, 2024 6:45 PM MST
      December 24, 2024 3:52 PM MST
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  • 34452
     Chart only counting individual acts acts of clemency:



    Chart including blanket pardons:

    So you are correct the original chart was not comparing apples to apples.  
    But both Obama and Biden have issued more clemencies than Trump.  
    And Biden is now out of office yet. This post was edited by my2cents at December 25, 2024 6:37 AM MST
      December 25, 2024 5:32 AM MST
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  • 128
    You'd think Trump would have issued more clementine, given his hue. 
      December 25, 2024 6:02 AM MST
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  • 11105
    Clemancies are not all pardons. Biden did commute the sentences of 1500 people who had been on home detention for over a year and met other criteria for rehabilitation and reintegration. Plus the 6000 pardons for the use or simple possession of marijuana. Most of Obama's commutation were for non-violent drug offenses that got very harsh sentences during the so-called war on drugs. Trump's criminal justice reform would seem to align with these acts of clemancy, although his commutations were not at the same level. 
      December 25, 2024 8:50 AM MST
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  • 17620
    Presidental pardons and commutations cannot be overturned.  
      December 24, 2024 1:17 PM MST
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  • 16838
    Recent history evidently means since 2021, given that he's issued fewer pardons than His Royal Orangeness. More than a few commutations, that's a conscience decision. He's opposed to the death penalty, but those sentences were commuted to life - they're not getting out.
    I'm opposed to the death penalty myself, it's too final. A jury can get it wrong. Rubin Carter is one example, Ronald Ryan another - Ryan was later proven innocent of the murder he was hanged for. A man wrongfully sentenced to life imprisonment can sue. A dead one can't.
      December 25, 2024 6:55 AM MST
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