# Could the POTUS pardon every single felon with "the stroke of a pen"

**URL:** <https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458>\
**Category:** Factual Questions\
**Created:** [April 24, 2015, 5:55pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458 "2015-04-24T17:55:50Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 24, 2015, 5:55pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/1 "2015-04-24T17:55:50Z")

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Could the POTUS pardon every single felon with “the stroke of a pen”? For example, the president has a Brain Tumor no one knows about. It’s driving him crazy but no one can tell. Let’s assume he got elected on the religious ticket and says god will heal me I don’t need doctors. (bear with me, I am making a story here). So anyhow, the president is insane but he doesn’t act insane. He just has crazy thoughts he keeps to himself. He’s made some bad decisions lately that have his staff baffled but no one knows whats going on.

So on some random Tuesday morning the POTUS gets up and decides “I’m going to let all the prisoners go free”. Is there any way anyone or any group can stop him?

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [April 24, 2015, 6:25pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/2 "2015-04-24T18:25:02Z")

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For Federal prisoners, probably. I don’t think State Prisoners have any chance.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [April 24, 2015, 6:29pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/3 "2015-04-24T18:29:43Z")

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> [@AK84](#):
>
> For Federal prisoners, probably. I don’t think State Prisoners have any chance.

Yes that is the key factor. The president only has the power to pardon those who fall under federal jurisdictions. The power to pardon state criminals resides with the governors (with 50 variations on the law).

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**Author:** ![Donnerwetter](https://avatars.discourse-cdn.com/v4/letter/d/b2d939/32.png) [@Donnerwetter](https://boards.straightdope.com/u/Donnerwetter)\
**Post date:** [April 24, 2015, 6:47pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/4 "2015-04-24T18:47:24Z")

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On the State level and on a much smaller, yet still remarkable scale, something similar has already occurred:

> [@](#):
>
> Illinois Governor’s Blanket Pardon Spares Lives of 167 Condemned Inmates  
> Published January 11, 2003 Associated Press
> 
> Calling the death penalty process “arbitrary and capricious, and therefore immoral,” Gov. George Ryan cleared Illinois’ death row Saturday, commuting 167 condemned inmates’ sentences in the broadest attack on the death penalty in decades.  
> Ryan’s decision, which came three years after he temporarily halted state executions to examine the system’s fairness, was quickly denounced by prosecutors, the incoming governor and relatives of some murder victims

[http://www.foxnews.com/story/2003/01/11/illinois-governor-blanket-pardon-spares-lives-167-condemned-inmates/](http://www.foxnews.com/story/2003/01/11/illinois-governor-blanket-pardon-spares-lives-167-condemned-inmates/)

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**Author:** ![Robert163](https://avatars.discourse-cdn.com/v4/letter/r/4af34b/32.png) [@Robert163](https://boards.straightdope.com/u/Robert163)\
**Post date:** [April 24, 2015, 6:47pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/5 "2015-04-24T18:47:43Z")

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> [@AK84](#):
>
> For Federal prisoners, probably. I don’t think State Prisoners have any chance.

> [@Loach](#):
>
> Yes that is the key factor. The president only has the power to pardon those who fall under federal jurisdictions. The power to pardon state criminals resides with the governors (with 50 variations on the law).

Thanks, wow, very interesting. I hope Obama doesn’t get a Brain Tumor!!!

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**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\
**Post date:** [April 24, 2015, 6:55pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/6 "2015-04-24T18:55:34Z")

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I don’t know if there have been any pardons that didn’t name the person being pardoned. There may be some sort of vagueness or lack of specificity challenge.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [April 24, 2015, 6:59pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/7 "2015-04-24T18:59:04Z")

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> [@Folly](#):
>
> I don’t know if there have been any pardons that didn’t name the person being pardoned. There may be some sort of vagueness or lack of specificity challenge.

What about Carter’s pardon of draft-dodgers?

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**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\
**Post date:** [April 24, 2015, 7:00pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/8 "2015-04-24T19:00:32Z")

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I think that if the president did pardon everybody there would be a quick movement to impeach his and some logic would be found to say that the pardons were not valid.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [April 24, 2015, 7:01pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/9 "2015-04-24T19:01:46Z")

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> [@Folly](#):
>
> I don’t know if there have been any pardons that didn’t name the person being pardoned. There may be some sort of vagueness or lack of specificity challenge.

Carter issued a broad pardon to all Vietnam era draft dodgers. So its apparently possible to pardon people without actually naming them.

And you can also be vague about the crimes involved. Ford basically blanket pardoned Nixon for any crime he may have committed, without actually listing what those crimes were.

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**Author:** ![Potestas](https://avatars.discourse-cdn.com/v4/letter/p/50afbb/32.png) [@Potestas](https://boards.straightdope.com/u/Potestas)\
**Post date:** [April 24, 2015, 7:21pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/10 "2015-04-24T19:21:53Z")

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omg if obama does this then i hope he goes to prison for a very long time, hes already screwed up America enough…

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 24, 2015, 7:31pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/11 "2015-04-24T19:31:39Z")

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> [@gazpacho](#):
>
> I think that if the president did pardon everybody there would be a quick movement to impeach his and some logic would be found to say that the pardons were not valid.

But if the President is about to leave office, what’s to lose?

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**Author:** ![Potestas](https://avatars.discourse-cdn.com/v4/letter/p/50afbb/32.png) [@Potestas](https://boards.straightdope.com/u/Potestas)\
**Post date:** [April 24, 2015, 7:39pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/12 "2015-04-24T19:39:30Z")

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> [@Velocity](#):
>
> But if the President is about to leave office, what’s to lose?

Ever hear of Presidential legacy?

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**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\
**Post date:** [April 24, 2015, 7:52pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/13 "2015-04-24T19:52:50Z")

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:smack: Forgot the obvious one.

> [@Saint\_Cad](#):
>
> What about Carter’s pardon of draft-dodgers?

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**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\
**Post date:** [April 24, 2015, 7:53pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/14 "2015-04-24T19:53:53Z")

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> [@Potestas](#):
>
> omg if obama does this then i hope he goes to prison for a very long time, hes already screwed up America enough…

Now look, **Robert163** , you’ve started an internet rumor. It’ll probably be on the news soon.

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [April 24, 2015, 7:56pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/15 "2015-04-24T19:56:49Z")

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> [@Potestas](#):
>
> Ever hear of Presidential legacy?

Might not deter some presidents.

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**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [April 24, 2015, 8:05pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/16 "2015-04-24T20:05:57Z")

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> [@Potestas](#):
>
> omg if obama does this then i hope he goes to prison for a very long time, hes already screwed up America enough…

or if he takes away all the guns, or cedes our sovereignty to the UN, or any of the other things Obama has never shown any interest in EVER doing…

The Constitution gives the President the power to pardon whoever he wants. I assume the OP meant forgiving rather than commuting sentences. As was said before, I don’t it could be a blanket order. I think there would have to be an actual signed form for each individual so it would be many pen strokes, but yeah, he could do it.

And no, he could not be prosecuted for it.

But the notion of a sitting President going certifiably insane is interesting. Is there any legal mechanism to remove him from office if he spent 10 hours a day masturbating in the residence to pictures of LBJ? Insanity is not indictable, right?

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [April 24, 2015, 8:07pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/17 "2015-04-24T20:07:56Z")

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The 25th Amendment. It’s in all the bad TV shows and movies.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [April 24, 2015, 8:10pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/18 "2015-04-24T20:10:40Z")

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> [@](#):
>
> Quoth **Potestas** :
> 
> omg if obama does this then i hope he goes to prison for a very long time

For what crime? Do you believe it is illegal for the President to use the powers clearly granted to him by the Constitution?

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**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\
**Post date:** [April 24, 2015, 8:14pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/19 "2015-04-24T20:14:22Z")

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> [@Velocity](#):
>
> But if the President is about to leave office, what’s to lose?

For the president probably not much if he doesn’t care about his legacy.

The US legal system is not some computer program where is you are cleaver enough you can get it to do anything you want. It is implemented millions of individuals. The people opening the jail cells don’t open them because the president signed something. The open it because their boss said to do it and followed the procedure to do it. You have a long chain of people who have to agree to implement a policy. Something this radical would need a long time to implement and before it was implemented, there would be some legal argument saying the pardons are not valid.

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**Author:** ![Potestas](https://avatars.discourse-cdn.com/v4/letter/p/50afbb/32.png) [@Potestas](https://boards.straightdope.com/u/Potestas)\
**Post date:** [April 24, 2015, 8:16pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/20 "2015-04-24T20:16:41Z")

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> [@Typo\_Negative](#):
>
> or if he takes away all the guns, or cedes our sovereignty to the UN, or any of the other things Obama has never shown any interest in EVER doing…
> 
> The Constitution gives the President the power to pardon whoever he wants. I assume the OP meant forgiving rather than commuting sentences. As was said before, I don’t it could be a blanket order. I think there would have to be an actual signed form for each individual so it would be many pen strokes, but yeah, he could do it.
> 
> And no, he could not be prosecuted for it.
> 
> But the notion of a sitting President going certifiably insane is interesting. Is there any legal mechanism to remove him from office if he spent 10 hours a day masturbating in the residence to pictures of LBJ? Insanity is not indictable, right?

Guns: [http://thehill.com/homenews/administration/277501-obama-unveils-major-new-proposals-to-restrict-access-to-guns](http://thehill.com/homenews/administration/277501-obama-unveils-major-new-proposals-to-restrict-access-to-guns)

UN: [http://www.usnews.com/opinion/blogs/peter-roff/2012/05/10/kill-the-law-of-the-sea-treaty](http://www.usnews.com/opinion/blogs/peter-roff/2012/05/10/kill-the-law-of-the-sea-treaty); [Merry Christmas: UN Declares Arms Trade Treaty to Go Into Effect Dec. 24 - The New American](http://www.thenewamerican.com/world-news/item/19486-merry-christmas-united-nations-declares-arms-trade-treaty-to-go-into-effect-dec-24)

Nice try but no banana!

As for the President going certifiably insane there is a constitutional procedure that can be invoked by the Cabinet and Vice President.

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