Until 2024,[6] Obama held 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.[7][8] He also issued more commutations than the past 13 presidents combined.[2][9]
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
A pardon is an executive order granting clemency for a conviction, it may be granted "at any point after the ... commission" of the crime.[10] As per Justice Department regulations, convicted persons may only apply five or more years after their sentence has been completed.[11] 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.[11] 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.[11]
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
Conspiracy to transport and cause the transportation of altered securities in interstate commerce; transporting and causing the transportation of altered securities in interstate commerce
During 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.[16][17]
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.
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.
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
On this day, Obama announced he would be commuting the sentences of 46 drug offenders.[18]
June 3, 2016
On this day, Obama announced he would be commuting the sentences of 42 offenders.[19]
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.
On 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.[20][21]
January 19, 2017
Obama 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.[9]
^"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.
