Office of the Pardon Attorney

Pardon Attorney Organizational Chart

History

For over 130 years, the President has requested and received the assistance of the Attorney General and his/her designees in the Department of Justice in exercising the executive clemency function. The executive clemency process is administered in accordance with the regulations set forth in 28 C.F.R. §§ 0.35, 0.36 (Office of the Pardon Attorney), and 1.1 – 1.11 (Executive Clemency) in support of the U.S. Constitution, Article II, Section 2, that provides authority of the President as Chief Executive to issue clemency. Within the Department, the Office of the Pardon Attorney is the component assigned to carry out this function under the direction of the Deputy Attorney General.

Mission

The Office of the Pardon Attorney is entrusted with the responsibility of administering the executive clemency process, in accordance with longstanding federal regulations codified at 28 C.F.R. §§ 0.35, 0.36, and 1.1 – 1.11. The Office receives, reviews, and investigates applications for executive clemency and provides advice and recommendations to the President and senior officials within the Department. The Office is led by the Pardon Attorney, a career senior executive, and is supported by approximately 40 attorney and non-attorney staff. The Office is nonpolitical and operates under the general oversight of the Deputy Attorney General. For over 130 years, Presidents have relied on the Office to support the exercise of the constitutional clemency power by providing neutral advice and expertise. The Office also prepares the documents the President signs when granting clemency and notifies applicants when the President decides to grant or deny clemency. 

Major Functions

The major functions of the Office of the Pardon Attorney are to:

• Receive, evaluate, and investigate clemency applications and prepare the recommendation of the Department of Justice as to the appropriate disposition of each application for consideration by the President.
• Respond to inquiries concerning executive clemency petitions and the clemency process from applicants, their legal representatives, members of the public, members of Congress, and various Federal, State, and local officials and agencies.
• Prepare all necessary documents to affect the President’s decision to grant clemency; and notifying each clemency applicant of the President’s decision concerning his or her clemency request.
• Provide general advice to the White House concerning executive clemency procedures and the historical background of clemency matters.
• Oversee special clemency initiatives that arise outside of the ordinary clemency process, such as general pardons issued pursuant to presidential proclamations and recommendations for clemency in highly sensitive capital cases.