# Could the POTUS pardon every single felon with "the stroke of a pen" **URL:** \ **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:** 2
**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, 8:19pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/21 "2015-04-24T20:19:20Z")
> [@Chronos](#): > > For what crime? Do you believe it is illegal for the President to use the powers clearly granted to him by the Constitution? I believe it illegal to take those powers granted by the Constitution and use them in a way that goes against the intent of the Constitution. “The President…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” (Article II, Section 2, Clause 1) Specific to offenses against the United States. Not every crime imagineable under the sun is an “offence against the United States”. It’s a very narrow and specific window ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [April 24, 2015, 8:20pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/22 "2015-04-24T20:20:03Z")
> [@Chronos](#): > > For what crime? Do you believe it is illegal for the President to use the powers clearly granted to him by the Constitution? The governor of Texas was recently indicted for using the veto power granted him by the Texas Constitution. Stuff happens. And, no, before anyone says anything, I’m not saying either is justifiable. ---
**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, 8:22pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/23 "2015-04-24T20:22:23Z")
> [@Chronos](#): > > For what crime? Do you believe it is illegal for the President to use the powers clearly granted to him by the Constitution? I am sure that if this happened there would be lots of talk about this being a treasonous action. ---
**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, 8:23pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/24 "2015-04-24T20:23:44Z")
Well, yes. We already clarified that he can only pardon federal offenses (i.e., “crimes against the United States”), not state ones. If he tried to pardon someone for a state crime (which he wouldn’t, because he’s not an idiot), the governor of that state would just tell him no. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [April 24, 2015, 8:23pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/25 "2015-04-24T20:23:58Z")
> [@Potestas](#): > > I believe it illegal to take those powers granted by the Constitution and use them in a way that goes against the intent of the Constitution. > > “The President…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” (Article II, Section 2, Clause 1) > > Specific to offenses against the United States. Not every crime imagineable under the sun is an “offence against the United States”. It’s a very narrow and specific window Can you please elaborate? It sounds like you are saying that most federal crimes are not an “offence against the United States.” ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [April 24, 2015, 8:27pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/26 "2015-04-24T20:27:45Z")
> [@Typo\_Negative](#): > > 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. My understanding is that Carter’s draft evader pardon was indeed just a blanket pardon. There were a few circumstances where people who had actually been convicted would need to apply for a certificate to certify they were eligible for the pardon, but it wasn’t actually a separate individual pardon. I believe for the most part, though, simple selective service violations automatically dropped off people’s records. Of course the vast majority of draft evaders never got caught and didn’t have to do anything to take advantage of the pardon, unlike Ford’s earlier amnesty plan. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 24, 2015, 8:29pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/27 "2015-04-24T20:29:21Z")
> [@Saint\_Cad](#): > > What about Carter’s pardon of draft-dodgers? Yes. President Andrew Johnson also issued several sweeping pardons for various classes or categories of former Confederates after the Civil War. Neither he nor Carter named particular individuals. For one of Johnson’s, see here: [http://static.sewanee.edu/faculty/Willis/Civil\_War/documents/AndrewJ.html](http://static.sewanee.edu/faculty/Willis/Civil_War/documents/AndrewJ.html) And here’s Carter’s: [Pardon for Vietnam Draft Evaders (21 January 1977, by Jimmy Carter) | Encyclopedia.com](http://www.encyclopedia.com/doc/1G2-3401804848.html) > [@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. I suspect you’re right. There would be terrible political fallout from pardoning every Federal prisoner. It would be an abuse of discretion by the President, even if the letter (but not the spirit) of the Constitution permitted it. Whether it rose to the level of a “high crime and misdemeanor” under the Constitution, such that the Congress of the day impeached and convicted him, is anyone’s guess. ---
**Author:** ![Claverhouse](https://avatars.discourse-cdn.com/v4/letter/c/13edae/32.png) [@Claverhouse](https://boards.straightdope.com/u/Claverhouse)\ **Post date:** [April 24, 2015, 8:36pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/28 "2015-04-24T20:36:21Z")
> [@Donnerwetter](#): > > On the State level and on a much smaller, yet still remarkable scale, something similar has already occurred: > [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/) Governor Ryan then spent 5 years in chokey, as is the traditional signing off duty of an Illinois Governor. ---
**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, 8:40pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/29 "2015-04-24T20:40:42Z")
> [@Alley\_Dweller](#): > > Can you please elaborate? It sounds like you are saying that most federal crimes are not an “offence against the United States.” It depends on how you define it but more importantly how judicial precedent defines it ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [April 24, 2015, 8:46pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/30 "2015-04-24T20:46:18Z")
> [@Potestas](#): > > omg if obama does this then i hope he goes to prison for a very long time, hes already screwed up America enough… **Moderator Warning** **Potestas** , political jabs like this are not allowed in General Questions. This is an official warning. Do not do this again. Colibri General Questions Moderator ---
**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, 8:49pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/31 "2015-04-24T20:49:25Z")
> [@Potestas](#): > > It depends on how you define it but more importantly how judicial precedent defines it It has been defined as any federal crime. ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [April 24, 2015, 9:02pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/32 "2015-04-24T21:02:18Z")
> [@Alley\_Dweller](#): > > The governor of Texas was recently indicted for using the veto power granted him by the Texas Constitution. Stuff happens. Well, to be fair, he’s indicted not for a mere veto, but because he used the veto as a political club to get someone removed from office, whose behavior he didn’t agree with. In short, the Travis County(the county Austin is in) DA’s office has public corruption investigation responsibility due to some historical oddities, but the unit that does the investigations (Public Integrity Unit) is state-funded, not county funded. The Travis County DA herself had a fairly high profile and public DWI conviction some time ago, and Perry basically threatened to veto the funding for that unit unless she resigned. She refused, he vetoed the funds, and now he’s being indicted. This shows every hallmark of being politically motivated rather than a real criminal trial however. ---
**Author:** ![Suburban\_Plankton](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suburban_plankton/32/219_2.png) [@Suburban\_Plankton](https://boards.straightdope.com/u/Suburban_Plankton)\ **Post date:** [April 24, 2015, 10:36pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/33 "2015-04-24T22:36:13Z")
> [@gazpacho](#): > > I am sure that if this happened there would be lots of talk about this being a treasonous action. There probably would, though those people would be wrong. It wouldn’t be “treason” (levying war against the USA or adhering to their enemies, giving them aid and comfort within the United States or elsewhere), and can’t see how it would be an impeachable offense, considering that he would be breaking no law. Impeachment doesn’t just mean “we don’t like the President and want to kick him out of office”…though that is how both of our major political parties seem to be trying to define the word lately… ---
**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\ **Post date:** [April 25, 2015, 1:00am UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/34 "2015-04-25T01:00:52Z")
> [@Donnerwetter](#): > > On the State level and on a much smaller, yet still remarkable scale, something similar has already occurred: > [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/) Not remarkable. The state had held up executions for three years at that stage, and have done so since then,now up to the 11th year of no executions… Saves a lot of money ,each separate step does - saves on the cost of executions - saves on the legal costs of maintaining a useless “death row” and appeals against the death penalty, when the death penalty You can say that doing this things late in their term implies that they are doing it when it can’t cost them anything, you can also say that they studied the topic during there term, if they do it early in their term they would appear to be rushing , doing it when couldn’t have had a full handle of the situation(s)… The cost is that it makes their party look bad, even if their own career is over or “safe”. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 25, 2015, 1:05am UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/35 "2015-04-25T01:05:34Z")
Govs. Anaya of New Mexico and O’Malley of Maryland did the same as they were leaving office: > **[Toney Anaya](https://en.wikipedia.org/wiki/Toney_Anaya#Political_career)** > > Toney Anaya (born April 29, 1941) is an American politician and attorney who served as the 26th governor of New Mexico from 1983 to 1987. > Anaya was born on (1941-04-29)April 29, 1941 in Moriarty, New Mexico. He earned a Bacheor of Arts degree from Georgetown University and a Juris Doctor from American University's Washington College of Law in 1967. > After returning to New Mexico, Anaya worked as a Santa Fe County attorney and assistant district attorney for the First Judicial District. He later ... > **[Martin O'Malley | Capital punishment](https://en.wikipedia.org/wiki/Martin_O%27Malley#Capital_punishment)** > > O'Malley, a long-time opponent of capital punishment, signed a bill on May 2, 2013, that repealed capital punishment in Maryland for all future offenders. Although the repeal did not affect the five inmates then on death row in Maryland, O'Malley commuted the sentences of four of them to life imprisonment without the possibility of parole. ---
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [April 25, 2015, 3:08pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/36 "2015-04-25T15:08:46Z")
> [@Potestas](#): > > Ever hear of Presidential legacy? Increasing the voter rolls for his side would enhance his legacy. ---
**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 25, 2015, 3:14pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/37 "2015-04-25T15:14:43Z")
For those talking about “presidential legacy,” the OP specifies that this hypothetical president is someone with a brain tumor that’s driving him crazy. So we can guess that if a president is crazy, maybe presidential legacy won’t matter much to him. ---
**Author:** ![The\_Hamster\_King](https://avatars.discourse-cdn.com/v4/letter/t/8edcca/32.png) [@The\_Hamster\_King](https://boards.straightdope.com/u/The_Hamster_King)\ **Post date:** [April 25, 2015, 4:40pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/38 "2015-04-25T16:40:59Z")
> [@Robert163](#): > > Is there any way anyone or any group can stop him? I suspect that if the President tried to set in motion a plan to pardon all federal prisoners, the Vice President and his cabinet would evoke the [25th Amendment](http://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution) and declare him unfit to carry out his duties. The Vice President would then assume control of the government while impeachment proceedings were carried out to remove the President from office. ---
**Author:** ![Donnerwetter](https://avatars.discourse-cdn.com/v4/letter/d/b2d939/32.png) [@Donnerwetter](https://boards.straightdope.com/u/Donnerwetter)\ **Post date:** [April 25, 2015, 4:52pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/39 "2015-04-25T16:52:49Z")
Generally speaking, is there a mechanism in the United States government to prevent the President from doing something really crazy? I remember reading a story about Richard Nixon’s Secretary of Defense advising the senior leadership of the US military to contact him (i. e. the Secretary of Defense) in case they were to receive an unusual order by the President. I don’t know if this is apocryphal. ---
**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 25, 2015, 5:02pm UTC](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458/40 "2015-04-25T17:02:22Z")
The primary mechanism is the fact that the President can’t actually do all that much. He can issue orders to do a great many things, but he doesn’t actually do them himself. If he ordered New York nuked or something, someone would still need to program in the new targeting coordinates, and someone would need to unlock the warheads, and someone would need to open up the silo and set off the missile, and so on, and it’s a pretty safe bet that none of those people would do those things. [Previous page](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458.md?page=1) [Next page](https://boards.straightdope.com/t/could-the-potus-pardon-every-single-felon-with-the-stroke-of-a-pen/718458.md?page=3)