Yes, a president can pardon someone for crimes they haven’t actually been charged with

The president has the authority to pardon individuals before they face indictment, conviction, or sentencing for a federal crime against the United States as per the Constitution.

On December 1, President Joe Biden decided to grant a pardon to his son, Hunter. This pardon helped Hunter Biden avoid potential federal felony charges related to gun and tax violations. Initially, the President had stated that he would not pardon his son or reduce any sentence, but his perspective changed later on.

In a statement made on a Sunday evening, President Biden mentioned, “I have faith in the legal system, but upon reflecting on the matter, I believe that political influences have tainted the process, resulting in an unjust outcome.”

The president’s sweeping pardon covers not just the gun and tax offenses against Hunter Biden, but also any other “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024.”

Recent online search trends show many people are curious about how broad presidential pardons can be. Multiple VERIFY readers, including Linda and Neva, emailed us to ask if a president can pardon someone for a crime they haven’t actually been charged with.

THE QUESTION

Can a president pardon someone for a crime they have not been charged with?

THE SOURCES

THE ANSWER

This is true.

Yes, a president can pardon someone for a crime they have not been charged with.

Get VERIFY’s Fast Facts newsletter delivered daily to your inbox!

WHAT WE FOUND

Under the U.S. Constitution, the president has broad power to pardon someone before they are indicted, convicted or sentenced for a federal offense against the United States. This means a person can be pardoned for crimes they haven’t actually been charged with. However, a pardon cannot apply to future conduct, only past offenses.

Article II, Section 2, Clause 1 of the Constitution reads:

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The U.S. Supreme Court has recognized the president’s broad pardon power as far back as 1866. In the case, Ex parte Garland, the Supreme Court described a president’s authority to pardon as “unlimited except in cases of impeachment, extending to every offence known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”

The Supreme Court also indicated in Ex parte Garland that the power may be exercised at any time “after [an offense’s] commission.” This means a president can issue a pardon at any point after a crime is committed and before, during or after criminal proceedings have taken place, according to SCOTUSBlog. The president cannot, however, pardon someone for future crimes.

In 1974, the Supreme Court also wrote that the broad power conferred in the Constitution gives the president plenary authority to “forgive [a] convicted person in part or entirely, to reduce a penalty in terms of a specified number of years or to alter it with certain conditions.”

President Biden’s “full and unconditional pardon” for Hunter insulates his son from facing federal charges for any crimes he may have committed from Jan. 1, 2014 through Dec. 1, 2024. But it does not extend to any federal crimes Hunter might commit in the future.

The Justice Department’s Office of the Pardon Attorney says pardons this broad are rare, but this isn’t the first example in American history.

A similarly broad pardon was issued by then-President Gerald Ford to former President Richard Nixon following Nixon’s resignation after the Watergate scandal. Ford’s pardon extended to “all offenses against the United States” that Nixon “has committed or may have committed” between Jan. 20, 1969, and Aug. 9, 1974 — the exact span of Nixon’s presidency.

The Associated Press contributed to this report

The VERIFY team works to separate fact from fiction so that you can understand what is true and false. Please consider subscribing to our daily newsletter, text alerts and our YouTube channel. You can also follow us on Snapchat, Instagram, Facebook and TikTok. Learn More »

Follow Us

Want something VERIFIED?

Text: 202-410-8808

You May Also Like

Man from Nebraska gets 15 year to life jail term for sexually assaulting a minor in Weld County

A Nebraska man has been given a prison sentence of 15 years…

Rescue Dog in Alaska Not Interested in Cheeseburgers or Chicken after Weeks on the Run

Looking for a timid dog has been a challenging task of building…

Enhanced support planned for air traffic controllers following recent altercation and near miss event at Washington airport

Following a recent altercation in the tower and a concerning near-miss incident,…

Val Kilmer, the actor, passes away at the age of 65

The versatile Hollywood actor known for portraying Batman and rocker Jim Morrison…

Coach from Team Summit Colorado, a youth skiing and snowboarding program, facing allegations of sexually assaulting a 9-year-old.

An instructor from Team Summit Colorado, a program for young skiers and…

Europe is cautious as Rubio’s visit could impact NATO’s future

WASHINGTON – U.S. Secretary of State Marco Rubio is scheduled to attend…

Assessing the impact of Trump’s tariffs on key Asian countries

BANGKOK – The trade war that U.S. President Donald Trump has escalated…

“Military and Political Strategist Matt Whitaker Confirmed by Senate as U.S. NATO Ambassador”

WASHINGTON – The Senate confirmed Matt Whitaker late Tuesday as President Donald…

Liberal-backed candidate secures victory on Wisconsin Supreme Court, solidifying Democratic majority.

The race drew national attention as Elon Musk traveled to Wisconsin on…

Unprecedented High-Risk Designation for Wild Weather Forecast on Wednesday

The potent storm system will bring “significant, life-threatening flash flooding” starting Wednesday…

Global Response to US Trade Tariffs against Numerous Countries is Cautious

The tariffs fell most heavily on parts of the world sleeping during…

Israeli defense minister announces military operation in Gaza Strip is escalating to capture ‘significant territories’

JERUSALEM – Israel’s military operation in the Gaza Strip is expanding to…