How does the number of Biden pardons compare to previous presidents at the same point in their terms?
Executive summary
President Joe Biden issued an unprecedented volume of federal clemency actions during his single term: government and archival records show a major clemency package that included 2,490 commutations on January 17, 2025 and other batches of pardons and commutations across his term; the Pew Research Center reports Biden granted 4,245 acts of clemency over four years, more than any prior president on record [1] [2]. Official Justice Department listings document multiple Biden pardon and commutation dates between 2022 and January 19, 2025 [3] [4].
1. A numerical portrait: Biden’s clemency tally vs. historical presidents
Pew’s comparative analysis — based primarily on Justice Department Office of the Pardon Attorney data — concludes Biden granted 4,245 acts of clemency over his four-year term, the largest total in the modern record going back to 1900 [2]. The Justice Department’s public pages list discrete Biden pardon and commutation actions across 2022–2025, including a January 17, 2025 commutation of 2,490 people and multiple other releases that together account for much of that total [4] [1]. Available sources do not provide a full year‑by‑year table for each previous president in these search results, but Pew frames Biden as exceeding predecessors based on DOJ data [2].
2. The January 17, 2025 spike: mass commutations that changed the comparison
The White House posted a clemency recipient list showing Biden commuted the sentences of 2,490 individuals on January 17, 2025 — a single action that materially increased his cumulative clemency count [1]. The Office of the Pardon Attorney pages for com mutations and pardons list many dated actions through January 19, 2025, documenting that Biden’s clemency record was built from repeated batches rather than only isolated one-offs [4] [3].
3. What “acts of clemency” includes and why totals can be misleading
Pew’s headline — that Biden granted more acts of clemency than any previous president — rests on a DOJ definition that aggregates pardons, commutations and other clemency instruments; that aggregation is standard but can mix singular high‑volume commutation lists with single‑person pardons, making comparisons hinge on definition as much as intent [2]. The Justice Department’s web pages enumerate both pardons and commutations with date stamps, which is the primary source used by analysts [3] [4].
4. Legal and political disputes that complicate the raw numbers
The clemency numbers have political consequences. Republican critics and House panels later attacked the legitimacy and process behind some of Biden’s clemency actions, citing autopen use and alleging procedural issues — claims that generated headlines and committee activity [5] [6]. Independent fact‑checking and legal commentary cited by PBS NewsHour indicate autopen use is not unprecedented and does not, by itself, invalidate pardons under constitutional or judicial precedent — a legal point that undercuts efforts to nullify clemency based solely on signature method [7].
5. Competing narratives: record‑setting clemency vs. claims of misuse
Supporters of Biden emphasize the scale and reformist rationale of his commutation packages and targeted pardons, framing the January 2025 mass commutation as a corrective to long‑standing sentencing disparities [1] [4]. Opponents portray some late‑term pardons as partisan or irregular and have pursued investigations into document handling and signature practices [5] [6]. Pew’s neutral counting finds Biden’s numerical record highest, while political actors dispute the propriety or political implications of particular items [2] [6].
6. What is and isn’t in the record here — limitations and open questions
Available sources establish Biden’s numerical lead in acts of clemency and document the January 2025 commutation list, but the materials provided do not supply a full, side‑by‑side year‑for‑year tally for every prior president within this dataset; that detailed historical breakdown is required for granular, time‑matched comparisons beyond Pew’s aggregated conclusion [2]. The sources also record partisan disputes and legal analysis about autopen use but do not include final judicial decisions overturning any clemency actions [5] [7].
7. Bottom line for readers
Based on DOJ listings and Pew’s analysis of those listings, Biden granted more acts of federal clemency in his four years than any U.S. president since 1900, driven in large part by mass commutation actions such as the January 17, 2025 list of 2,490 people [2] [1]. Political opponents dispute the optics and some procedures around those actions, but legal observers cited in fact‑checks say autopen use does not automatically void pardons — leaving the numerical record intact while legal and political debates continue [5] [7].