Fact Check: Biden Issued the Most Individual Acts of Clemency, But Jimmy Carter Pardoned More People

President Biden, It’s Long Past Time to Pardon Leonard Peltier

Jack Izzo
Sat, January 18, 2025 

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Claim:

U.S. President Joe Biden issued more pardons than any other American president.

Rating:

Rating: Mixture

What's True:

On Jan. 17, 2025, Biden announced he would commute the sentences of about 2,500 people serving time for nonviolent drug offenses. That act made Biden the president who issued the most individual acts of clemency in a single term.



What's False:

However, Biden did not pardon the most people in a presidential term. Jimmy Carter issued an executive order on his first day in office pardoning 209,517 men who evaded the Vietnam draft.

At the very end of his presidency, in a very short time span, U.S. President Joe Biden issued two of the largest acts of clemency in modern American history: He pardoned 39 and commuted almost 1,500 sentences on Dec. 13, 2024, and commuted almost 2,500 more sentences on Jan. 17, 2025. The second act made him the U.S. president who issued the most individual acts of clemency before leaving office.

Biden's action in December 2024, which followed shortly after he issued a pardon to his son Hunter, sparked discussion online over the power of the presidential pardon, and several conservative pundits on social media criticized Biden's actions as an overreach and claimed he had pardoned more people than any other president in American history. That rumor was also shared at the time by tech billionaire Elon Musk, the owner of the social media platform X.

(X account @ElonMusk)

However, the claim is not entirely true, because of the language of the presidential pardon.

There are four key words to understanding the power: clemency, commutation, reprieve and pardon. Clemency refers to any action that a president takes to reduce or eliminate the legal penalties for a crime, and a pardon, commutation and reprieve are all forms of clemency. According to the White House Historical Association, a reprieve delays a sentence or punishment, a commutation reduces a sentence or punishment and a pardon fully releases a person from punishment and restores all civil liberties.


Another element is an amnesty, which is similar to a pardon but applies to a whole class of individuals.

Before his second large act of clemency on Jan. 17, Biden had not issued the most individual acts of clemency of any president. As such, we previously rated this claim false (archived).

According to the Department of Justice's Office of the Pardon Attorney, Biden had issued pardons for 65 people and had commuted the sentences of 1,671 more as of Dec. 23, 2024. (A full list of those pardons is available elsewhere on OPA's website). His most recent action added nearly 2,500 more acts of clemency to his total, placing Biden far ahead of the previous record, Harry Truman's 2,044 acts.

However, because many of Biden's acts of clemency were sentence commutations, not pardons, it is incorrect to say Biden had issued more pardons than any U.S. president in history. Using the OPA statistics, most presidents have used the power more than Biden. While Biden issued 65 individual pardons, Donald Trump issued 144 during his four years in office and Barack Obama issued 212 across eight years.

However, this is still not the full story, because the figure of 65 does not include any blanket pardons, acts that pardon multiple people at once. In 2022 and 2023, Biden issued two blanket pardons addressing people convicted on certain marijuana charges. According to data from the U.S. Sentencing Commission, those pardons affected 6,577 people. Even with those blanket pardons, however, Biden had not pardoned 8,000 Americans.

Furthermore, even if Biden had pardoned 8,000 people, it would still not be the most individuals pardoned by a U.S. president. On his first day in office, President Jimmy Carter pardoned everyone who evaded the Vietnam War draft, albeit with some exemptions — 209,517 men were officially charged, according to Politico. Furthermore, President Andrew Johnson issued blanket pardons for most Confederate soldiers after the end of the Civil War (those acts of clemency did require an oath of allegiance, so some may wish not to count this).

Sources:

"ArtII.S2.C1.3.1 Overview of Pardon Power." Constitution Annotated, https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/.

"Biden Commutes Roughly 1,500 Sentences and Pardons 39 People in Biggest Single-Day Act of Clemency." AP News, 12 Dec. 2024, https://apnews.com/article/biden-pardons-clemency-4432002d67334e6716c2776fd73f3cc8.

"Biden Pardons Thousands Convicted of Marijuana Charges on Federal Lands and in Washington." AP News, 22 Dec. 2023, https://apnews.com/article/biden-marijuana-pardons-clemency-02abde991a05ff7dfa29bfc3c74e9d64.


"Biden Pardons Thousands for 'simple Possession' of Marijuana." AP News, 7 Oct. 2022, https://apnews.com/article/biden-marijuana-government-and-politics-2d5e3d9e2cfbbbe3ee114536738894a8.

Confederate States of America | History, President, Map, Facts, & Flag | Britannica. 21 Nov. 2024, https://www.britannica.com/topic/Confederate-States-of-America.

Danner, Chas. "Everyone Biden Has Granted Presidential Pardons and Commutations." Intelligencer, 15 Dec. 2024, https://nymag.com/intelligencer/article/joe-biden-clemency-list-pardons-commutations.html.

[December 25, 1868.- Granting Full Pardon and Amnesty to All Persons Engaged in the Late Rebellion.] By the President of the United States of America. A Proclamation ... Done at the City of Washington, the Twenty-Fifth Day of December, in the Ye | Library of Congress. https://www.loc.gov/resource/rbpe.23602600/. Accessed 18 Dec. 2024.

Glass, Andrew. "President Carter Pardons Draft Dodgers , Jan. 21, 1977." Politico, 21 Jan. 2018, https://www.politico.com/story/2018/01/21/president-carter-pardons-draft-dodgers-jan-21-1977-346493.

"Marijuana Pardons and Expungements: By the Numbers." NORML, https://norml.org/marijuana/fact-sheets/marijuana-pardons-and-expungements-by-the-numbers/. Accessed 18 Dec. 2024.

Number of Federal Offenders Convicted Only of 21 U.S.C. § 844 Involving Marijuana Fiscal Years 1992 – 2021. U.S. Sentencing Commission, https://www.ussc.gov/sites/default/files/pdf/news/press-releases-and-news-advisories/news-advisories/20221012_Updated-News-Advisory-Data-Analysis.pdf.

Office of the Pardon Attorney | Clemency Statistics. 12 Jan. 2015, https://www.justice.gov/pardon/clemency-statistics.

Office of the Pardon Attorney | Pardons Granted by President Joseph Biden (2021-Present). 22 Jan. 2021, https://www.justice.gov/pardon/pardons-granted-president-joseph-biden-2021-present.

Office of the Pardon Attorney | Presidential Proclamation on Marijuana Possession, Attempted Possession, and Use. 6 Oct. 2022, https://www.justice.gov/pardon/presidential-proclamation-marijuana-possession.

Office of the Pardon Attorney | Proclamation 4483: Granting Pardon for Violations of the Selective Service Act. 12 Jan. 2015, https://www.justice.gov/pardon/proclamation-4483-granting-pardon-violations-selective-service-act.

"PRESIDENT ANDREW JOHNSON PARDONS CONFEDERATE JOHN C. SHELTON, 1866." Library of Virginia, https://edu.lva.virginia.gov/dbva/items/show/149#:~:text=One%20of%20the%20most%20controversial,ended%20on%20April%209%2C%201865.

Stilwell, Blake. "Pardoning Vietnam War Draft Dodgers Was a No-Win Situation for Jimmy Carter." Military.Com, 23 Feb. 2023, https://www.military.com/history/pardoning-vietnam-war-draft-dodgers-was-no-win-situation-jimmy-carter.html.

"The History of the Pardon Power." WHHA (En-US), https://www.whitehousehistory.org/the-history-of-the-pardon-power. Accessed 18 Dec. 2024.