No Need To Beg Your Pardon

Both the outgoing and incoming President of the United States used their executive power to grant pardons as one term ended and the other began. While one issued pardons he promised he wouldn't, the other made good on a promise to allow the hundreds of criminals convicted and others awaiting trials for participating in the storming of the Capitol on January 6th, 2021 to walk free.
Article II of the Constitution grants the president the power to pardon or commute federal sentences. A pardon effectively erases a person's punishment for a federal offense. It also restores the person's right to vote or own a gun, which is prohibited for felons. A commutation reduces a sentence but doesn't restore these rights.
Playing Defense on the Way Out
President Joseph Biden issued a large number of pardons during his final weeks in office, including a flurry in his final days. He faced criticism for the pardoning of the tax and gun crimes of his son, Hunter, after earlier declaring he wouldn't do so. Earlier in December, he'd issued pardons for those convicted of federal drug offenses.
In response to incoming President Donald Trump's repeated threats to use the power of his office to exact vengeance against those he alleges to have wronged him, Biden also issued preemptive pardons to those likely to find themselves in the crosshairs.
Those singled out for protection included Biden's family, members of the January 6 Select Committee, retired General Mark Milley, and Dr. Anthony Fauci, who served as the Director of the National Institute of Allergy and Infectious Diseases (NAID) and was instrumental to the nation's response to the COVID-19 pandemic. While no criminal charges have been filed against those pardoned — or, to anyone's public knowledge, even been investigated for criminal activity — both Trump and members of Congress have, at various times, promised to seek criminal charges for some or all of the people pardoned.
Coming In With Guns Blazing
As often demonstrated during his first term, Trump prefers acting first and letting the legal wrangling begin afterward. For example, he issued over 220 executive orders on his Inauguration Day, many prompting immediate legal challenges.
What perhaps drew the most initial attention was Trump's issuing of a blanket pardon for all those convicted of crimes committed on January 6th, 2021 and those awaiting trial. While pardons or commutations for some had been expected, the sweeping action was not something Trump had elaborated on before assuming office.
These pardons were given despite recorded footage, guilty pleas, and Trump himself stating in 2021 that the rioters who breached the Capitol had "defiled the seat of democracy" and that "those who engaged in the attacks last week will be brought to justice." On January 20, 2025, Trump's comments were the opposite, saying, "What they've done to these people is outrageous. There's rarely been anything like it in the history of our country."
Not all criminals convicted for January 6 offenses received pardons. Fourteen members of far-right extremist groups like the Oathkeepers and the Proud Boys who were convicted of seditious conspiracy or other serious felony charges were granted commutations of their sentences instead.
While this means they will likely leave prison soon instead of serving sentences ranging up to 22 years, their convictions remain on the record, and they are still considered felons. Depending on further developments, they may ultimately have some rights restored, including even the right to own guns.
Expanding Pardoning Power
Regardless of how anyone feels about the wisdom or justice of any of the recently issued pardons, one thing is for sure. We really have rarely seen anything like these pardons in the history of our country.
Related Resources
- Sedition (FindLaw's Criminal Law)
- Presidential Pardons Under Article II (FindLaw's U.S. Constitution)
- Crimes Against the Government (FindLaw's Criminal Charges)