President Joe Biden issued a sweeping set of clemency actions on Dec. 12, granting pardons to 39 individuals and commuting the sentences of 1,499 others in what the White House called “the largest single-day grant of clemency in modern history.”
This late-term move mirrors a historical trend among modern presidents, who tend to issue the majority of their clemency actions in the final months of their presidencies. Before this announcement, Biden had granted clemency to only 161 people throughout his term, including a controversial pardon of his son, Hunter Biden, for federal tax and gun convictions. The Dec. 12 decision brings the president’s total clemency actions to 1,699, with nearly 90% coming in his last fiscal year in office.
Biden indicated his clemency actions might not be finished. In a statement accompanying the announcement, he noted that he “will take more steps in the weeks ahead.”
This pattern of last-minute clemency isn’t unique to Biden. According to Department of Justice data, both former Presidents Donald Trump and Barack Obama saved the bulk of their clemency decisions for the end of their terms. Trump issued 84% of his 238 acts of clemency after Oct. 1 of his final year in office. Obama, who granted 1,927 clemency actions overall, issued 61% during that same period.
The trend extends further back, with President Bill Clinton granting 56% of his 459 clemency actions late in his term. In some cases, these decisions came within hours of leaving office. Trump issued 116 clemency actions on Jan. 19, 2021, the day before he left office. Similarly, Obama granted 330 clemency actions on Jan. 19, 2017, and Clinton issued 177 clemency grants on Jan. 20, 2001, just before his presidency ended.
The late-term surge in clemency decisions has been consistent since Gerald Ford’s presidency. While the practice has drawn criticism for lack of transparency and potential political motivations, presidents often cite their actions as necessary corrections for excessive sentences or as steps toward justice reform.
Biden’s clemency total now surpasses those of recent Republican presidents combined. Only Obama, with his substantial use of clemency powers, has granted more. As Biden’s term nears its end on Jan. 20, the full scope of his clemency record remains to be seen, particularly if he fulfills his pledge for additional pardons or commutations.
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