How do Biden’s clemency patterns compare to those of Presidents Obama, Trump, and Trump-era commutations?
Executive summary
President Biden granted an unprecedented volume of clemency in a series of mass commutations — including a January 17–19, 2025 action commuting roughly 2,490 sentences and earlier group commutations such as 1,499 on December 12, 2024 — producing what reporters called “the largest single-day grant of clemency in modern history” and giving Biden a record-setting total of clemency acts compared with recent presidents [1] [2] [3]. By contrast, Trump used clemency sparingly overall and issued many of his highest-profile grants late in his term, while Obama’s record was mixed: he received more than 36,000 petitions but pursued narrower, targeted initiatives [4].
1. A rebound in presidential clemency, numerically and symbolically
Biden’s clemency campaign reversed a long-term presidential decline in the share of petitions granted; Pew’s historical analysis shows presidents from McKinley through Carter granted at least 20% of requests, that rate fell to single digits after Reagan, and Biden broke that post‑Reagan trend by significantly expanding grants [4]. The Justice Department and White House rollouts document multiple large batches of commutations and pardons across 2022–2025, capped by a January 2025 list of 2,490 commuted sentences [5] [6] [1].
2. How Biden’s approach differs from Obama and Trump in process
Obama received more than 36,000 clemency petitions and pursued a mix of individualized compassion projects and a focused clemency initiative late in his term; reporting frames his record as “mixed” because large-scale relief was limited relative to petitions received [4]. Trump largely used clemency sparingly during his term overall but concentrated numerous high-profile pardons and commutations late in his presidency; observers say that made his pattern different — fewer total acts but many politically prominent ones [4].
3. Scale versus selectivity: the defining contrast
Biden’s record is defined by scale and group relief — multiple mass commutations of people serving long sentences for nonviolent drug offenses and a single-day action that dwarfed recent predecessors’ single events [2] [3]. Trump’s clemency footprint is defined by selectivity and spectacle — fewer total acts yet a cluster of highly visible pardons and commutations in the final weeks of his term [4].
4. Controversies that followed the Biden grants
Some of Biden’s clemency choices provoked backlash: reporting highlights criticism over preemptive pardons and pardons to people close to the president, including his son — matters that fed partisan disputes even as the administration defended its decisions [4] [2]. The White House’s use of autopen signatures on certain documents also became a flashpoint when critics asserted authenticity concerns; outlets note other presidents have used autopens, and legal analysts say autopen use does not automatically invalidate executive acts [7] [8] [9].
5. Legal durability and political risk of mass actions
Legal analysts and fact‑checking outlets emphasize that claims a later president can unilaterally void earlier pardons or commutations are unfounded without court backing; reports note courts would look to longstanding precedent before endorsing such a move [7]. Still, mass or controversial clemency increases political exposure: critics and succeeding administrations may challenge legitimacy or seek legislative or investigatory responses, as seen in contemporary commentary [9] [8].
6. Competing narratives and the role of justice reform politics
Supporters frame Biden’s clemency as correcting sentencing disparities and modernizing mercy policy; aides pointed to Attorney General direction on past sentencing disparities as context for commutations [3]. Opponents emphasize perceived cronyism, the autopen controversy, and departures from precedent. Both narratives appear in the record: Pew and Axios document the statistical shift and reform rationale, while media accounts catalog political pushback [4] [3] [2].
7. What reporting does not settle
Available sources do not mention comprehensive, final counts that reconcile every pardon, commutation and the share of petitions granted for all four presidents on identical metrics; nor do they provide a court ruling altering the legal status of Biden’s autopen‑signed actions as of these reports [4] [7]. That leaves open interpretive wiggle room: comparisons can emphasize raw numbers (Biden’s record batches) or the political and symbolic impact of high‑profile individual pardons (Trump’s late‑term actions) [4] [2].
Bottom line: Biden remade the immediate clemency record through high‑volume commutations aimed at correcting past sentencing practices, reversing a century‑long decline in grant rates identified by Pew; Trump’s pattern was the opposite — few total acts but many conspicuous late pardons — and Obama’s tenure sits between those poles as a high‑demand, mixed‑results era [4] [1] [2].