THE WH ITE HOUSE

Washingloll
July 13,2010

MEMORANDUM FOR THE ACT ING DEPUTY A'rrORNEY GENERAL
FROM:

"ROBERT F, BAUER, COUNSEL TO THE PRESIDENW

SUBJECT: '

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Executive Clemency Policy

I write thi!l. memo mndllln 10 collvey the President's views all the exercise of his power under
Ankle II. Seclion 2, clause I o f the Consti tution to grant cx.ecutive clemency. The President

intends for thi s guidance to assist you and the Pardon Attorney in fu lfilling your trnditionul
in con nect ion with execut ive clemency applications.

~ld visO f Y fu nctions

The President appreciate." the extensive invcst'igmion nnd I:In<llysis that your office and the Office
of the Pardon Auomey umlertnke ill cOll nection with each clemency IIppJicalion. and yOUl' joint
recommendations on the np proprialc disposition of clemency applicntions pla y un important role

in hi s decision·mak ing. With this in mind, the President directed me to provide you with tbe
follow ing guidance for the ilOa l ysis of clemency nppl icatjons.
The President ngrees wi lh Ihe prillcipnl fuclors thnllhe Depurtmellt curre nliy lakes into (lccount
whewde termining whether 10 grant un upp licalioLl for a pm"dOLl, l1umety: J) the applicant' s POSIconviction COJ1duct, character (Illd reputation; 2) the seriousness and relative I"ecenlness of the
offense; 3) the applit:i.lIlt 'Ii acceptance uf respons ibi lity, remorse nnd utonemcnl; 4) the
nppli cllllt's need for relief; and 5) official recolnmcnrlul iolls Dnd reports from the appl"Opri lite
United Stlltes Allol11eys and the sentencing judge, nmong other knowledgeable offic ials.
T he President believes that, ill the evnl uati on of the seri oLlsnes!i of the offense, there are ccrtain
offenses for which a pardon should vct:y rarely, if ever, be granted absentlruty extraordinary
circumstances. 1nese offenses include:

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TelTorism-re lnted offenses and other offen ses directly impacting our national secu rity ;

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Violent crimcs involving serious bodily harm to others, such ns murder or rape;

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Offenses invo lving physicill harm to children ;

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Crimes involving. the us(:: of deadly wcapons, including unlawfu l firca rm s or explOSives,
or nrson (If[enses:

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L.,rge -sc:tll.: drug lrnrric.:k ing orfenses in which the nppticam hud a significu nl rolc:

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P"blic t:orrupl ion offcn!ie~ involving significant breaches of the public trust, or fillancinl
fraud orfenses illvo! ving rinllncinl harm to 11 significant number of individuliis or
suhstunt iulloss to the fede ra l govemmenl or its progrllms.

The President does nat believe thaI there should be any fixcd rult 1'01' evaluuting the relative
reccn tness of the offense, beyond the Department' s requirement tllt11. till applicant wait n period
of at IClls t fivc yea rs after conv iction or release from confinement (whiellcyel' is later) before
filing n pardon application. The recentness of the orfense shou ld be evaluated in the context of
the entire npplic.uioll, including the offense's seriousness, The President believes, however, that
where more time hns passed since conviction or rclcl1se, app licutions will tend to be stronger, ill
part becilmie the t!xtellc1ed time period provides a gretHer opportunity for the applicDnt to
establ ish c)(empiary post- convicti on conduct Dnd demonstrate true acce ptance of responsibility,
remorse nnd atonement.
The President ogrees with the Department's view that a commutation of sentence is 'lI1
extrlmrdinary remedy thut should be granted only ill extruord inary circumstances. The Presidcnt
furthcl' believes (hftt the guidam.'C governing offenses for which there shoul d be fI presumption
against pllrdons applies wit h even greater force to applications for coml111lt&tiollS.
Finolly, the President helieves that it is important to consider tin app licant's overall cri minal
his tory, or lack thereof, whell considering clemency Hpplicolions, Applicants with th ree or more
cOllvictions should gcnerDl1y be considered intl ppropriate for executive Clemency, ubscnl till
ex truordinary post -co nvi ct ion rchabililutive hislOlY. Conversely, if the crill1e for which
c.:Icmency is sought is nhcrratiolllll-judged by the applicflllt's otherwise exemplary life or the
commission of the offense years before when Ihe applicant wtlS very young-clemency may be
wHTrlmted . Even r!lese circuOls\nnces Illo y not wfm'alll clemency. however , if thc crime is one of
the r.ypes pfcviously cited, ill the ab.~ellce of extraordinary ci l'cutnstanccs.
Please do not hc.si tlltc to call1llc if you hnve uny qucstions.

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