President Biden's Clemency Record: Traditional, Then Trumpian

ABSTRACT

This article provides an overview of how our two most recent presidents have reshaped a once underused and underappreciated presidential power. Before providing a comprehensive look at President Joe Biden's federal executive clemency record, I consider the state of the president's pardon power immediately before and after the Biden administration. While most of Biden's clemency record was “traditional,” including his decision to abuse the clemency power during his “lame duck” period, he also made several “Trumpian” clemency decisions near the end of his term. In this article, I provide context for Biden's “Trumpian” clemency decisions by looking at President Donald Trump's first term record on clemency. Next, I offer a look at President Biden's clemency decisions, arguing that they were frequently “traditional” but later on were sometimes “Trumpian.” I then discuss why President Biden's clemency record, bookended at each end by clemency abuses from President Trump, may be consequential to how future presidents view their clemency power.