By the end of his second and final term on January 20, 2017, United States President Barack Obama had exercised his constitutional power to grant the executive clemency—that is, "pardon, commutation of sentence, remission of fine or restitution, and reprieve"[1]—to 1,927 individuals convicted of federal crimes. Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons.[2][3] Most individuals granted executive clemency by Obama had been convicted on drug charges,[4] and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.[5]
Obama holds the record for the largest single-day use of the clemency power, granting 330 commutations on January 19, 2017, his last full day in office.[6][7] He also issued more commutations than the past 13 presidents combined.[2][8]
Constitutional provision
editThe pardon powers of the president are outlined in Article Two of the United States Constitution (Section 2, Clause 1), which provides:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
Definitions
editA pardon is an executive order granting clemency for a conviction, it may be granted "at any point after the ... commission" of the crime.[9] As per Justice Department regulations, convicted persons may only apply five or more years after their sentence has been completed.[10] However, the president's power to pardon is not restricted by any temporal constraints except that the crime must have been committed. Its practical effect is the restoration of civil rights and statutory disabilities (e.g., firearm rights, occupational licensing) associated with a past criminal conviction.[10] In rarer cases, such as the pardon of Richard Nixon, a pardon can also halt criminal proceedings and prevent an indictment.
A commutation is the mitigation of the sentence of someone currently serving a sentence for a crime pursuant to a conviction, without vacating the conviction itself.[10]
Pardons and commutations
editThis is a partial list of people pardoned or granted clemency by a United States president, ordered by date of pardon or commutation. For an updated list, see U.S. Department of Justice.[11]
Pardons
editDecember 3, 2010
edit| Name | Court or home city | Sentencing date | Sentence | Offense |
|---|---|---|---|---|
| James Bernard Banks | United States District Court for the District of Utah | 1972 | 2 years' probation | Illegal possession of government property[12] |
| Russell James Dixon | United States District Court for the Northern District of Georgia | 1960 | 2 years' probation | Liquor law violation[12] |
| Laurens Dorsey | United States District Court for the District of New Jersey | 1998 | 5 years' probation; $71,000 restitution | Conspiracy to defraud by making false statements to the Food and Drug Administration[12] |
| Ronald Lee Foster | United States District Court for the Eastern District of North Carolina | 1963 | Probation; $20 fine | Mutilation of coins[12] |
| Timothy James Gallagher | United States District Court for the District of Arizona | 1982 | 3 years' probation | Cocaine possession and conspiracy to distribute[12] |
| Roxane Kay Hettinger | United States District Court for the Northern District of Iowa | 1986 | 30 days in jail; 3 years' probation | Conspiracy to distribute cocaine[12] |
| Edgar Leopold Kranz Jr. | General court-martial convened at Hickam Air Force Base | 1994 | 24 months' confinement; reduction in pay | Cocaine use, adultery and bouncing checks[12] |
| Floretta Leavy | United States District Court for the District of Kansas | 1994 | 1 year in prison; 3 years' probation | Drug offenses[12] |
| Scoey Lathaniel Morris | United States District Court for the Western District of Texas | 1991 | 3 years' probation; $1,200 fine | Counterfeiting offense.[12] |
May 20, 2011
edit| Name | Court or home city | Sentencing date | Sentence | Offense |
|---|---|---|---|---|
| Randy Eugene Dyer | United States District Court for the Western District of Washington | 1975 | 5 years in prison | Conspiracy to import marijuana (hashish), conspiracy to remove baggage from the custody and control of the U.S. Customs Service and convey false information concerning an attempt to damage a civil aircraft |
| Danny Alonzo Levitz | United States District Court for the Northern District of Indiana | 1980 | 2 years of probation, $400 fine | Conspiracy |
| Michael Ray Neal | United States District Court for the Eastern District of Virginia | 1991 | 6 months in prison, 3 years of supervised release conditioned on 6 months of home confinement, $2,500 fine | Manufacture, assembly, modification and distribution of equipment for unauthorized decryption of satellite cable programming |
| Edwin Alan North | United States District Court for the Northern District of Indiana | 1980 | 6 months of unsupervised probation | Transfer of a firearm without payment of transfer tax |
| Allen Edward Peratt | United States District Court for the District of South Dakota | 1990 | 30 months in prison, 5 years of supervised release | Conspiracy to distribute methamphetamine |
| Christine Marie Rossiter | United States District Court for the District of Nebraska | 1992 | 3 years of probation conditioned on performance of 500 hours of community service | Conspiracy to distribute less than 50 kilograms of marijuana |
| Patricia Ann Weinzatl | United States District Court for the Western District of Wisconsin | 2001 | 3 years of probation, $5,000 fine | Structuring transactions to evade reporting requirements |
| Bobby Gerald Wilson | United States District Court for the Southern District of Georgia | 1985 | 3½ months in prison, 5 years of probation conditioned on performance of 300 hours of community service, $400 fine | Aiding and abetting the possession and sale of illegal American alligator hides (Lacey Act) |
November 21, 2011
edit| Name | Court or home city | Sentencing date | Sentence | Offense |
|---|---|---|---|---|
| Lesley Claywood Berry Jr. | United States District Court for the District of Minnesota | 1988 | 3 years in prison | Conspiracy to manufacture, possess with intent to distribute, and distribute marijuana |
| Bobby Jackson | United States District Court for the Middle District of Alabama | 1987 | 5 years' probation and $20,000 fine | Conspiracy to possess with intent to distribute in excess of 1,000 pounds of marijuana |
| Ricky Dale Collett | United States District Court for the Eastern District of Kentucky | 2002 | 1 year of probation conditioned on 60 days of home detention | Aiding and abetting in the manufacture of 61 marijuana plants |
| Martin Kaprelian | United States District Court for the Northern District of Illinois | 1984 | 9 years in prison, 5 years of probation | Conspiracy to transport stolen property in interstate commerce, transporting stolen property, concealing stolen property |
| Thomas Paul Ledford | United States District Court for the Eastern District of Tennessee | 1995 | 1 year of probation conditioned on performance of 100 hours of community service | Conducting and directing an illegal gambling business |
March 1, 2013
edit| Name | Court or home city | Sentencing date | Sentence | Offense |
|---|---|---|---|---|
| Robert Leroy Bebee | Rockville, Maryland | 1979 | Two years' probation | Misprision (concealment) of a felony |
| James Anthony Bordinaro | Gloucester, Massachusetts | 1991 | 12 months' imprisonment, three years' supervised release and a $55,000 fine | Conspiracy to restrain, suppress, and eliminate competition in violation of the Sherman Act; conspiracy to submit false statements |
| Kelli Elisabeth Collins | Harrison, Arkansas | 1994 | Five years' probation | Aiding and abetting a wire fraud |
| Edwin Hardy Futch Jr. | Pembroke, Georgia | 1976 | Five years' probation, $2,399.72 restitution | Theft from an interstate shipment |
| Cindy Marie Griffith | Moyock, North Carolina | 2000 | Two years' probation with 100 hours of community service | Distribution of satellite cable television decryption devices |
| Roy Eugene Grimes Sr. | Athens, Tennessee | 1961 | 18 months' probation | Falsely altering a United States postal money order, uttering, and publishing a forged and altered money order with intent to defraud |
| Jon Christopher Kozeliski | Decatur, Illinois | 1994 | One year of probation with six months of home confinement, $10,000 fine | Conspiracy to traffic counterfeit goods |
| Jimmy Ray Mattison | Anderson, South Carolina | 1969 | Three years' probation | Conspiracy to transport and cause the transportation of altered securities in interstate commerce; transporting and causing the transportation of altered securities in interstate commerce |
| An Na Peng | Honolulu, Hawaii | 1996 | Two years' probation, $2,000 fine | Conspiracy to defraud the Immigration and Naturalization Service |
| Michael John Petri | Montrose, South Dakota | 1989 | Five years' imprisonment, three years' supervised release | Conspiracy to possess with intent to distribute and distribution of a controlled substance (cocaine) |
| Karen Alicia Ragee | Decatur, Illinois | 1994 | One year of probation with six months of home confinement, $2,500 fine | Conspiracy to traffic counterfeit goods |
| Jamari Salleh | Alexandria, Virginia | 1989 | Four years' probation, $5,000 fine, $5,900 restitution | False claims upon and against the United States |
| Alfor Sharkey | Omaha, Nebraska | 1994 | Three years' probation with 100 hours of community service, $2,750 restitution | Unauthorized acquisition of food stamps |
| Donald Barrie Simon Jr. | Chattanooga, Tennessee | 1982 | Two years' imprisonment, three years' probation | Aiding and abetting in the theft of an interstate shipment |
| Lynn Marie Stanek | Tualatin, Oregon | 1986 | Six months in jail, five years' probation conditioned on residence in a community treatment center for a period not to exceed one year | Unlawful use of a communication facility to distribute cocaine |
| Larry Wayne Thornton | Forsyth, Georgia | 1974 | Four years' probation | Possession of an unregistered firearm; possession of a firearm without a serial number |
| Donna Kaye Wright | Friendship, Tennessee | 1983 | 54 days' imprisonment, three years' probation conditioned on performance of six hours of community service per week | Embezzlement and misapplication of bank funds |
December 19, 2013
edit| Name | Court or home city | Sentencing date | Sentence | Offense |
|---|---|---|---|---|
| William Ricardo Alvarez | Marietta, Georgia District of Puerto Rico | 1979 | Time served after nine months' imprisonment, four years' supervised release (April 30, 1997; amended July 31, 1997) | Conspiracy to possess with intent to distribute heroin; conspiracy to import heroin |
| Charlie Lee Davis Jr. | Wetumpka, Alabama Middle District of Alabama | 1995 | 87 months' imprisonment, five years' supervised release (March 21, 1995) | Possession with intent to distribute cocaine base; use of a minor to distribute cocaine base |
| Ronald Eugene Greenwood | Crane, Missouri District of South Dakota | 1996 | Three years' probation, conditioned on six months' home confinement, 100 hours' community service, $5,000 restitution, $1,000 fine (November 18, 1996) | Conspiracy to violate the Clean Water Act |
| Little Joe Hatch, aka Joe Hatch Sr. | Lake Placid, Florida Southern District of Florida | 1990 | 60 months' imprisonment, four years' supervised release (May 15, 1990) | Possession with intent to distribute marijuana |
| Martin Alan Hatcher | Foley, Alabama, Southern District Of Alabama | 1992 | 5 years' probation | Distribution and possession with intent to distribute marijuana[13] |
| Derek James Laliberte | District of Maine | (October 2, 1992; amended May 21, 1993). | 18 months' imprisonment, 2 years' supervised release | Money laundering[14] |
| Alfred J. Mack | District of Columbia Superior Court | (April 5, 1982) | 18 to 54 months' imprisonment | Unlawful distribution of heroin[14] |
| Robert Andrew Schindler | District of Utah | (May 14, 1996). | Three years' probation, four months' home confinement, $10,000 restitution | Conspiracy to commit wire fraud and mail fraud[14] |
| Willie Shaw Jr. | District of South Carolina | (August 7, 1974) | Fifteen years' imprisonment | Armed bank robbery |
| Kimberly Lynn Stout, formerly known as Kimberly Lynn Cooley | Western District of Virginia | (November 9, 1993) | One day's imprisonment, three years' supervised release (including five months' home confinement) | Bank embezzlement, fraud[14] |
| Bernard Anthony Sutton Jr. | Eastern District of Virginia | (April 4, 1989) | Three years' probation, $825 restitution, $500 fine | Theft of personal property[14] |
| Chris Deann Switzer | District of Nebraska | (June 25, 1996) | Four years' probation, conditioned on six months' home confinement, 200 hours' community service | Conspiracy to violate narcotics laws (methamphetamine)[14] |
| Miles Thomas Wilson | Williamsburg, Ohio Southern District of Ohio | 1981 | Three years' probation (July 15, 1981) | Mail fraud |
January 17, 2017
editDuring his 4th to last day in office, Obama pardoned James Cartwright, who was awaiting sentencing for giving false statements to federal investigators, and Willie McCovey was pardoned for tax evasion.[15][16]
Commutations
editNovember 21, 2011
edit| Name | Court | Sentenced | Sentence | Offense | Terms of commutation |
|---|---|---|---|---|---|
| Eugenia Marie Jennings | United States District Court for the Southern District of Illinois | 2001 | 262 months (21 years, 10 months) in prison, 8 years of supervised release, $1,750 fine | Distribution of cocaine base | Sentence expired on December 21, 2011, leaving intact and in effect the eight-year term of supervised release with all its conditions and all other components of the sentence. |
| Mark Anthony Jones | United States District Court for the Northern District of Florida | 1999 | Life imprisonment; 10 years' supervised release | Distribution of cocaine base | Prison sentence commuted to expire on November 10, 2015, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence. |
| Rory Larry Lee | United States District Court for the Middle District of Florida | 1990 | Life imprisonment; 10 years' supervised release | Conspiracy to possess with intent to distribute cocaine base (enhanced penalty), distribution of 50 grams or more of cocaine base (two counts) | N/A. |
December 19, 2013
| Name | Court | Sentenced | Sentence | Offense | Terms of commutation |
|---|---|---|---|---|---|
| Clarence Aaron | United States District Court for the Southern District of Alabama | December 10, 1993 | Life imprisonment; 5 years' supervised release | Conspiracy to possess with intent to distribute cocaine and cocaine base, possession with intent to distribute cocaine, attempt to possess cocaine with intent to distribute (erroneously listed in the judgment as conspiracy to distribute cocaine) | Sentence of imprisonment to expire on April 17, 2014, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence |
July 13, 2015
editOn this day, Obama announced he would be commuting the sentences of 46 drug offenders.[17]
June 3, 2016
editOn this day, Obama announced he would be commuting the sentences of 42 offenders.[18]
| Name | Court | Sentencing date | Time served | Offense | Terms of commutation |
|---|---|---|---|---|---|
| Eric E. Alvarez | Eastern District of North Carolina | 2000 | 360 months (30 years) in prison, 5 years of supervised release | Distribution of cocaine and cocaine base | Sentence expired on October 1, 2016, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence. |
| Dale Baldwin | Middle District of Florida | 1995 | Life imprisonment; 10 years' supervised release | Conspiracy to possess with intent to distribute cocaine base | Prison sentence commuted to expire on October 1, 2016, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence. |
December 20, 2016
editObama granted 78 commutations on this day.[4]
January 17, 2017
editOn this day, Obama pardoned 64 individuals and commuted the sentence of 209 individuals (109 of whom faced life sentences).[2] These included Chelsea Manning and Oscar López Rivera, enabling them to be released from prison on May 17, 2017.[19][20]
January 19, 2017
editObama commuted the prison sentences of 330 federal inmates on Thursday, January 19, 2017, his last full day in office. Obama did so, as one of his final acts in office, in order to reduce what he viewed as overly harsh punishments.[8]
See also
editNotes
edit- As he finishes his second year in office, Obama pardons nine people
- "President Obama Grants Nine Pardons". whitehouse.gov. December 3, 2010. Retrieved December 5, 2010 – via National Archives.
References
edit- ^ "Office of the Pardon Attorney". United States Department of Justice. March 2, 2014.
- ^ a b c Neil Eggelston, [1], White House (January 2017)
- ^ "Clemency Statistics". US Department of Justice. January 12, 2015. Retrieved February 21, 2020.
- ^ a b Allie Malloy, [2], CNN (December 2016).
- ^ Matt Apuzzo, After Obama Push for Clemency, Hints of Reversal Likely to Come, New York Times (November 22, 2016).
- ^ "Obama grants 330 more commutations, bringing total to a record 1,715". USA TODAY. Retrieved January 28, 2017.
- ^ "Obama grants final 330 commutations to nonviolent drug offenders". Washington Post. Retrieved January 28, 2017.
- ^ a b Staff, AOL. "President Obama commutes prison sentences for 330 before leaving office".
- ^ "Ex Parte Garland". LII / Legal Information Institute. Retrieved February 6, 2017.
The power thus conferred is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency or after conviction and judgment.
- ^ a b c "USDOJ: Frequently Asked Questions Concerning Executive Clemency". USDOJ. January 12, 2015.
- ^ "Pardons Granted by President Barack Obama (2009-2017) | PARDON | Department of Justice". www.justice.gov. Archived from the original on August 24, 2019. Retrieved January 26, 2017.
- ^ a b c d e f g h i Hinkel, Dan (December 4, 2010). "Presidential pardon 'still sinking in' for Rockford woman". Chicago Tribune. Retrieved December 6, 2020.
- ^ "President Obama Grants Pardons and commutations". whitehouse.gov. December 19, 2013. Retrieved January 21, 2021 – via National Archives.
- ^ a b c d e f "An Obama rarity: 13 pardons". Usatoday.com. December 20, 2013. Retrieved August 1, 2016.
- ^ Williams, Katie Bo (January 17, 2017). "Obama pardons James Cartwright in leak case". The Hill. Retrieved January 17, 2017.
- ^ "President Obama pardons Willie McCovey for tax evasion". USA Today. January 17, 2017. Retrieved July 10, 2017.
- ^ Liptak, Kevin (July 13, 2015). "President Barack Obama commutes sentences of 46 drug offenders". CNN. Retrieved April 3, 2016.
- ^ "Utah man whose long drug sentence stirred controversy is released". Washington Post. Retrieved June 6, 2016.
- ^ Savage, Charlie (January 17, 2017). "Obama Commutes Bulk of Chelsea Manning's Sentence". The New York Times. Retrieved January 17, 2017.
- ^ "Barack Obama conmuta sentencia de Oscar López". El Nuevo Día (in Spanish). January 17, 2017. Retrieved January 17, 2017.