Trump just pardoned Michael Flynn. How do presidential pardons work?
President Donald Trump pardoned his former national security adviser Michael Flynn.
Flynn pleaded guilty to lying to the FBI about his contact with a Russian diplomat during Trump’s transition period. He was the only former White House official to plead guilty during an investigation into Russian interference in the 2016 election, The New York Times reports, and he was later ousted by Trump.
Trump announced the pardon on Twitter on Wednesday afternoon, writing “it is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon.”
Trump is in his final weeks in office, a time when presidents typically grant pardons. President-elect Joe Biden will take office on Jan. 20, 2021.
What is a presidential pardon?
The Constitution grants the president executive clemency power.
That power can take several forms: a pardon, commutation of a sentence, a reprieve or remission of fines and restitution, according to the U.S. Department of Justice.
“A pardon is an expression of the president’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence,” the Justice Department says.
It does not indicate that the person being pardoned is innocent.
A pardon is different from a commutation of a sentence, which “reduces a sentence, either totally or partially,” that is currently being served,” the Justice Department says.
How do presidential pardons work?
A person convicted of a federal crime can submit a pardon request to the Office of the Pardon Attorney, which assists the president with his clemency powers, PBS reports.
The pardon attorney then reviews applications and prepares recommendations for the president.
Typically, the office takes into consideration the person’s behavior since being convicted, the seriousness of the offense and whether the person has accepted responsibility for it, PBS reports.
The president then makes the final decision about each application, and the pardon attorney notifies the applicants of the decision.
Past presidential pardons
Trump has used his clemency powers far less than his predecessors.
He had granted 28 pardons and commuted 16 sentences as of Tuesday, for a total of 44 uses of the power, Pew Research data show. The next lowest use since at least the year 1900 was under Former President George H.W. Bush, who granted 74 pardons and commuted three sentences.
Former President Barack Obama granted 212 pardons and commuted 1,715 sentences during his eight years in office, according to Pew, and former President George W. Bush granted 189 pardons and commuted 11 sentences.
It’s typical for presidents to “offer more clemency” during their lame-duck period, according to FiveThirtyEight.
During his last days in office, Obama pardoned the late Hall of Fame first baseman Willie McCovey, who pleaded guilty of tax fraud, The New York Times reports. Bush Jr. commuted the sentences of two former Border Patrol agents who were in prison for shooting a Mexican drug smuggler and attempting to cover it up.
Former President Bill Clinton drew criticism for his last-minute pardon of Marc Rich, a Democratic donor who was indicted on charges of tax evasion, the Times reports.
Trump’s clemency use has been particularly controversial as he’s largely used it on those with personal or political connections to him, Pew reports.
Trump earlier this year commuted Roger Stone’s sentence, Axios reports. Stone was charged during the Russia investigation, and Trump said he had been unfairly targeted.
This story was originally published November 25, 2020 at 8:51 AM with the headline "Trump just pardoned Michael Flynn. How do presidential pardons work?."
