The Constitution gives the President broad authority to grant pardons and commutations for federal offenses. While the Department of Justice’s Office of the Pardon Attorney continues to accept, review, investigate, and make recommendations concerning formal clemency applications, the President is not required to grant clemency only through that process.
A Changing Clemency Landscape
Under President Donald Trump’s second administration, executive clemency has included both the traditional Department of Justice process and clemency decisions developed through White House and other channels.
The DOJ Process Remains Available:
The Office of the Pardon Attorney continues to receive federal pardon and commutation applications, conduct reviews, and provide recommendations concerning clemency matters. Applicants may therefore continue to pursue relief through the established federal application process.
Direct Presidential Authority:
The President’s constitutional clemency power is not limited to applications processed through the Office of the Pardon Attorney. A President may consider clemency matters brought forward through other channels and may grant relief without completing the traditional DOJ review process.
White House and Advocacy Channels:
During President Trump’s administration, some clemency matters have received consideration through advocacy efforts, individuals with access to the administration, and direct appeals outside the traditional DOJ process. This makes strategic case presentation, compelling documentation, and effective advocacy particularly important.
Broad Clemency Actions:
President Trump has also exercised clemency on a large-scale basis. On January 20, 2025, for example, he issued pardons and commutations covering individuals convicted of offenses related to the events at or near the U.S. Capitol on January 6, 2021.
What This Means for Clemency Applicants
There is no single strategy that guarantees presidential consideration or clemency. A serious federal clemency effort should begin with a thoroughly developed case demonstrating the basis for extraordinary relief.
SSG Legal Services assists clients in developing comprehensive clemency presentations that organize the applicant’s case history, rehabilitation, accomplishments, supporting documentation, personal circumstances, community support, and other factors relevant to the request for executive clemency.
Clemency remains an extraordinary and discretionary exercise of presidential authority. No applicant or representative can guarantee that a request will be considered or granted.