PRESIDENT’S POWERS TO PARDON — IN US, INDIA

Nov. 29, 2020

With less than two months of his tenure remaining, US President Donald Trump exercised his powers under the Constitution to pardon Michael Flynn, his former National Security Advisor, who had twice pleaded guilty to lying to the FBI.

How US President pardons?

  • The President of the US has the constitutional right to pardon or commute sentences related to federal crimes. The US Supreme Court has held that this power is “granted without limit” and cannot be restricted by Congress.

  • Clemency is a broad executive power, and is discretionary — meaning the President is not answerable for his pardons, and does not have to provide a reason for issuing one.