A presidential pardon requires the approval of various stakeholders within the United States government. This process involves several key players, each with their own role and responsibilities in ensuring that the pardon is granted in a fair and transparent manner.
The first step in the process is for the president to decide whether to issue a pardon. This decision is typically based on a recommendation from the Department of Justice (DOJ) or the pardon attorney. The pardon attorney is an independent office within the DOJ that reviews pardon applications and advises the president on whether to grant them. If the pardon attorney recommends that the president issue a pardon, the application is then sent to the White House.
Once the application reaches the White House, it is reviewed by the president’s staff, including the attorney general and the pardon attorney. This review process ensures that the pardon is consistent with the president’s policy priorities and that the applicant meets the necessary criteria. The attorney general plays a crucial role in this process, as they must certify that the pardon is in the interest of justice and that the applicant has fully complied with the legal requirements.
After the review process, the president must then decide whether to approve the pardon. This decision is ultimately up to the president’s discretion, but it is influenced by several factors. For example, the president may consider the applicant’s background, the nature of the offense, and the reasons for seeking a pardon. Additionally, the president may consult with advisors, cabinet members, and other stakeholders before making a final decision.
Once the president has approved the pardon, it must be signed and filed with the National Archives and Records Administration (NARA). This final step ensures that the pardon is officially recorded and that it is considered legally binding. It also allows for public transparency, as the pardon is available for review by anyone interested in the matter.
Throughout the entire process, a presidential pardon requires the approval of multiple layers of government. This ensures that the pardon is granted in a manner that is fair, transparent, and consistent with the interests of justice. However, it also means that the process can be lengthy and complex, as each stakeholder must carefully consider their role and responsibilities in granting a pardon.
