Posted by Orin Kerr:
I Beg Your Pardon:
Presidential pardons historically have provided a critical safety
valve in the federal criminal justice system. Today, though, that is
no longer true.
Throughout American history, Presidents issued pardons in a
measurable chunk of federal criminal cases. (Statistics available
[1]here and [2]here.) In eras when only hundreds or at most thousands
of federal criminal cases were charged each year, Presidents generally
exercised their pardon power in hundreds or even thousands of cases.
In the early 19th century, for example, James Monroe pardoned 419
people. In the early 20th century, Woodrow Wilson pardoned 2,480
people. On a percentage basis, pardons started to become much less
common in the mid 20th century. Even in the late 20th century,
however, presidents have averaged about 400 or 500 pardons per Term.
And of course, the federal prison population has gone way up since
that time: according to [3]Bureau of Prison statistics, the federal
prison population has jumped from 20,000 in 1970 to about 150,000
today.
Under George W. Bush, however, the pardon process has basically come
to a standstill. The [4]Associated Press reports that the total number
of pardons that George W. Bush has granted in his first Term in office
is currently 31, jumping all the way from 27 with the addition of 4
new pardons announced yesterday. The only two Presidents who completed
a Term in office with fewer pardons than Bush are the first two
Presidents -- George Washington and John Adams -- and that was only
because at the time there was no one around to pardon. Further, the
four pardons granted yesterday are entirely symbolic. They all involve
misdemeanor charges that resulted in probation, and in each case the
probation was served and the case closed many years ago -- and in some
cases many decades ago. (The convictions were obtained in 1969, 1980,
1981, and 1990.)
Presidential pardons can be politically risky; just ask Bill Clinton
about pardoning Marc Rich. But it's the President's job to do the
right thing regardless of what the pollsters say. There are currently
150,000 people in federal prisons, with another 50,000 or so on
probation. Could it be that none of them deserve Presidential pardons?
I have enabled comments.
References
1. http://jurist.law.pitt.edu/pardonspres1.htm
2. http://ednet.rvc.cc.il.us/~PeterR/Papers/paper3.htm
3. http://www.bop.gov/fact0598.html
4.
http://www.cnn.com/2004/ALLPOLITICS/12/21/presidential.pardons.ap/index.html
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