Presidential Clemency: Understand Who Decides and Keep Preparing

If you hope to receive a pardon or a shorter federal sentence, consider what you would want the President to know about you.

• What have you learned since your conviction?

• How have you used your time?

• Who could describe the progress you have made?

Those questions can guide work you begin long before submitting a petition. They can also help you prepare for conversations with people who may support your request.

In this third lesson of our Executive Clemency series, we look at the President’s authority and the Department of Justice’s role. Understanding who does what will help you study the process and prepare the information you want considered.

Learn who can grant your request

Only the President can grant clemency for a federal offense. The Department of Justice reviews applications and makes recommendations, but the President can act without its recommendation.

The Department’s regulations guide its internal work. They do not limit the President’s constitutional authority or give applicants an enforceable right to clemency. You can read that explanation in 28 CFR 1.11.

When preparing a request through the Office of the Pardon Attorney, follow that office’s application instructions. Read the questions carefully, identify the documents you need, and work through anything you do not yet understand. Learning the process yourself will help you contribute to the work even when someone else assists with the petition.

Follow through after you apply

The DOJ’s frequently asked questions explain that applications submitted to the Pardon Attorney receive a presidential decision unless they close administratively. For example, the office may close a file if an applicant withdraws the request or repeatedly fails to provide required information. Its FAQ lists other circumstances as well.

An administrative closure does not mean the President denied the request.

Give yourself a way to keep track of correspondence. Save a copy of what you submit, record requests for additional information, and note when you respond. If a family member helps, make sure you both know which questions remain unanswered.

The DOJ also allows applicants to provide updates while a request remains pending. Include your clemency case number when available so the office can connect the information to your file.

Show what you have done with your time

While serving my sentence, I wanted to build a record that could support a future request for relief. I knew how much work it would take to attract the President’s attention, so I thought carefully about how to build a coalition of support. I hoped people who came to know my work would advocate on my behalf.

To help others understand my progress, I documented what I was doing in prison. I wanted them to see that I was doing more than waiting for calendar pages to turn. I executed my plan:

1. I earned university degrees to develop knowledge and prepare to earn an honest living after prison.

2. I contributed to society by publishing articles, chapters, and books that advanced arguments for prison and sentencing reform.

3. I used my education and published work to build a coalition of people who could support my efforts and advocate on my behalf.

As you consider your own preparation, think about what you want potential supporters to understand.

• What work could you share with them?

• What would that work show about your decisions and the responsibilities you are preparing to accept?

Consider how you might explain a course you completed. A certificate identifies the course and completion date. A journal entry can describe what you learned, where you struggled, and how you applied a lesson. Together, those records give you more to discuss than the statement that you attended a class.

Apply the same approach to your plans for life after prison. If you want to enter a particular occupation, identify the skills it requires. Explain what you are studying, how you practice, and what you still need to learn. Review the plan as you gain information and describe the changes you make.

Our free Playbook offers lessons to help you think through these decisions. A profile gives you a place to organize journal entries, book reports, and a release plan so you can return to earlier goals and assess your progress.

Help supporters understand your work

A family member, mentor, or attorney can offer more specific support when that person understands what you have been doing. Share a completed project or explain a problem you worked through. Invite feedback, consider it, and follow up with what you changed.

Over time, those conversations can give supporters examples of your effort and judgment. They can describe what they have observed in their own words.

When preparing your petition, select material that helps explain your request. Submit that material according to the government’s instructions; publishing it on a profile does not put it in your clemency file.

Choose work you can begin this week

Read the DOJ’s answers about presidential authority and administrative closures. Then write a journal entry:

• What could I do this week that would give a future supporter a specific example of my preparation?

Choose a manageable action and set a date to review it. No one can promise a favorable decision. You can still use the time to develop a skill, strengthen a relationship, or prepare to support your family.

Join me every Wednesday at 7:00 p.m. Eastern for our free interactive webinar. We explore how to use our lessons and resources, and you can bring your questions. Watching requires no sign-up.