Can a President Elect Issue Pardons or Commute Sentences Before Taking Office?

The short answer to whether a President Elect can issue pardons or commute sentences before taking office is a resounding no. Let's delve into why this is the case and explore the nuances of the U.S. legal system and presidential powers.

Official Authority Begins After Inauguration

Upon being elected, a President Elect officially assumes the role of President only after taking the oath of office on January 20th (or the 21st if that date falls on a Sunday) at noon. This inauguration marks the transfer of power from the outgoing President to the newly elected one. Until this formal transition occurs, the President Elect is not legally considered the President of the United States, making them unable to carry out any official duties, including issuing pardons or commuting sentences.

This has historical precedent. In 2020, Donald Trump, though having won the election, did not assume the full powers of the presidency until the successful transition of power on January 20th. Prior to that, he remained a private individual, albeit one who was elected as the President Elect. Once he took office, he was granted the privilege to pardon individuals, but this privilege did not exist during his election period.

Legal and Constitutional Considerations

The authority to issue pardons and commute sentences is specifically granted to the President by the Constitution. The legislation on pardons is found in Article II, Section 2, which states, 'The President shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.' This clause clearly delineates that the power to grant pardons is inherent to the role of the President and is not applicable to someone who has only been elected but has not yet officially taken the oath.

Furthermore, promising pardons before taking office could be seen as an unlawful inducement of votes or a quid pro quo arrangement, which is illegal and could lead to various legal consequences.

Pardoning Powers in Historical Context

While it is true that past presidents have often used their pardoning powers during their final days in office, these actions are conducted by sitting presidents who have already transitioned to the office. For example, President Gerald Ford pardoned Richard Nixon, and Barack Obama granted numerous commutations and pardons during his final months in office. These actions underscore the urgency and importance placed on these powers once the President has officially taken office and holds the full authority of their role.

Pardons should be used judiciously, primarily to correct injustices or address certain legal complexities, rather than as a means of political leverage. Previously, presidents have used their pardoning powers to address specific issues, such as reducing the disproportionate number of certain groups in the criminal justice system. However, these actions are always taken by a sitting president and not by a President Elect.

In conclusion, the legal authority to issue pardons and commute sentences is a responsibility that comes with the office of the President of the United States. A President Elect, who has only been elected but has not yet taken the oath of office, does not possess this authority until they officially become the President. The key takeaway is that these powers arise with the responsibilities and duties that come with the inauguration.