The Law: Presidential Misuse of the Pardon Power

Abstract

Before Watergate, presidents were generally reluctant to pardon executive branch officials after their administrations had been investigated by an outside prosecutor. Since Watergate, however, presidents are less reluctant to use clemency for their own personal interest, as demonstrated by controversial clemency decisions involving executive branch officials or cronies made by our most recent three presidents. This practice is contrary to President George Washington's use of the clemency power and later legal precedents, both of which follow the framers' intent that the pardon power be used as an “act of mercy” or for “the public welfare.” When and how presidents began misusing the pardon power, and the resulting consequences, are discussed here.