Pardons and Clemency Under Obama: Debunking Misconceptions and Facts

President Barack Obama issued more pardons and commutations than any other president in the previous 64 years. This claim, however, came with a mix of misconceptions and facts. Let's delve into the specifics of Obama's clemency practices, drug offenses, and sentencing reform efforts.

Understanding Clemency and Pardons

Pardons and commutations, collectively known as clemency, are legal measures taken to alleviate or reverse sentences of convicted individuals. A pardon essentially removes a conviction from a person's record and restores certain rights, such as the right to vote or run for public office. On the other hand, a commutation reduces a sentence without removing the conviction. It is important to understand these differences when discussing presidential actions in this regard.

The Scope of Obama's Clemency Efforts

President Obama granted more petitions for clemency than any president since Harry Truman. However, the extent of his pardons and commutations was broader but not necessarily more numerous than those of other presidents. Specifically, Obama issued 212 pardons, which is less than all but two presidents in the last 64 years, George H.W. Bush and George W. Bush. Each of these pardons and commutations followed an orderly process, as outlined by Margaret Love, a lawyer specializing in clemency. She explained that each case was reviewed based on a report and recommendation from the Justice Department, providing a fair chance for those seeking clemency.

Targeting Drug Offenses and Sentencing Reform

A significant part of Obama's clemency efforts focused on reducing harsh sentences for drug offenses, particularly those involving non-violent offenders. For instance, individuals serving life or 30-year sentences for dealing with marijuana (a powerful illegal substance of the time) were often non-violent offenders who had spent years, or even a decade, in jail. These efforts were part of a broader sentencing reform initiative, aiming to treat drug offenses as public health issues rather than strict criminal penalties. This reform was notably rolled back by the subsequent administration, with Attorney General Jeff Sessions ordering a crackdown on drug traffickers.

No Political Motivation Behind Clemency

It is crucial to address the misconception that President Obama pardoned anyone with potentially damaging information or the ability to testify against him. This claim is baseless and misunderstands the nature of clemency. The decisions made by Obama were not politically motivated but were based on the fair review of cases by the Justice Department. Furthermore, none of the individuals whose sentences were commuted had any connection to Obama or held any information that could be used against him.

Comparing Obama's and Trump's Clemency Actions

While Obama's clemency actions were certainly significant, they should not be equated with those taken by Donald Trump. Trump's 28 pardons were often given to individuals who were closely tied to him in some way. For example, Joe Arpaio, Roger Stone, and Michael Flynn all received pardons that many viewed as politically motivated. In the case of Michael Flynn, Trump did not just fail to "get the chance" to pardon him; he intervened in the criminal case against him by directing the Department of Justice to stop prosecution.

Conclusion

Pardons and commutations under President Obama were part of a larger effort to address harsh sentencing penalties, particularly for drug offenses. Unlike Trump's pardons, which were often politically expedient, Obama's were based on a fair review process. Understanding the nuances of these actions is essential for a balanced perspective on executive clemency during the Obama administration.