Joe Biden granted more acts of clemency than any other U.S. president on record, according to a Pew Research Center analysis of Justice Department data. During his four-year term, Biden approved 4,245 clemency requests, surpassing Franklin D. Roosevelt’s 3,796 acts over 12 years. His total also exceeded Donald Trump’s.
Biden approved 29% of all petitions he received, the highest percentage since Richard Nixon, who granted 36%. Nevertheless, Biden received far more requests—14,867 compared to Nixon’s 2,591.
UNDERSTANDING CLEMENCY: MORE THAN JUST PARDONS
Clemency is a constitutional power allowing presidents to grant mercy in multiple ways:
- Pardons: Forgive past crimes and restore civil rights.
- Commutations: Reduce or eliminate prison sentences.
- Remissions: Lessen financial penalties from convictions.
- Respites: Temporary relief, often for medical reasons.
The Justice Department does not count clemency granted by presidential proclamation. An example is Jimmy Carter’s pardon for Vietnam War draft dodgers.
Biden also issued mass pardons this way. In 2022 and 2023, he pardoned those convicted of federal marijuana offenses. In 2024, he granted clemency to military personnel formerly convicted under outdated laws banning consensual gay sex.
BIDEN’S CLEMENCY BREAKDOWN: PARDONS VS. COMMUTATIONS
Biden issued 80 pardons and 4,165 commutations, totaling 4,245 acts of clemency.
His pardon count was the second lowest on record—only George H.W. Bush issued fewer (74). Nonetheless, Biden introduced a unique legal tool: preemptive pardons.
He pardoned individuals who had not been convicted, charged, or investigated. Recipients included:
- Dr. Anthony Fauci, former director of NIAID
- Gen. Mark Milley, ex-chairman of the Joint Chiefs of Staff
- Members of his own family
- U.S. House committee members investigating the Jan. 6 Capitol riot
- Police officers who testified before Congress
Biden claimed these pardons would protect recipients from potential prosecutions by a Trump administration.
A RECORD NUMBER OF COMMUTATIONS
While Biden issued relatively few pardons, he set records with commutations. His 4,165 commutations more than doubled Barack Obama’s 1,715.
His commutations included a historic move: emptying nearly all of federal death row. On December 23, 2024, he commuted 37 of 40 death row sentences to life without parole. The three exceptions involved terrorism or mass murder.
LAST-MINUTE CLEMENCY SURGE
Biden granted 96% of his clemency acts in his final months. Every president since Gerald Ford issued last-minute pardons, but Biden’s numbers were unprecedented.
On January 17, 2025, he commuted 2,490 sentences in a single day. This was more than any previous president issued during their entire tenure.
BIDEN’S CLEMENCY VS. HISTORICAL TRENDS
Presidents have become less forgiving over time. From William McKinley to Jimmy Carter, every president granted at least 20% of clemency requests.
That percentage dropped under Ronald Reagan (12%) and fell to single digits for every president afterward—until Biden.
Obama granted more clemency requests than most modern presidents. He issued 1,927 acts. However, that represented only 5% of all petitions he received.
CONTROVERSIES SURROUNDING PRESIDENTIAL CLEMENCY
Biden’s clemency decisions sparked backlash, particularly his preemptive pardons and pardons for family members. But he is not the first president to face criticism over clemency.
In January 2025, shortly after his second inauguration, Donald Trump pardoned nearly all Jan. 6 rioters. He also commuted long sentences for several convicted in connection with the attack.
Trump’s first-term clemency decisions drew scrutiny for benefiting those with personal or political ties. He often bypassed the formal Justice Department review process—something Biden also did when pardoning his son, Hunter.
Obama’s record-breaking commutations for drug-related crimes faced criticism from Republicans. They argued it undermined legislative authority.
Bill Clinton faced bipartisan backlash for pardoning fugitive commodities trader Marc Rich on his last day in office in 2001. On that same day, Clinton also pardoned his half-brother, Roger Clinton, who had been convicted of cocaine distribution.
MOST INFAMOUS PARDON IN U.S. HISTORY
Perhaps the most controversial clemency act ever came on September 8, 1974. President Gerald Ford issued a preemptive pardon to Richard Nixon. This was for any federal crimes he “committed or may have committed” during the Watergate scandal.
