On Thursday, a grand jury in Manhattan voted to indict former President Donald Trump. He is scheduled to be arraigned on Tuesday afternoon. The news has sparked debates about presidential pardoning power, particularly whether a President can pardon a state crime. The answer is not straightforward, and it depends on various factors. In this article, we will explore the extent of the President's pardoning power for state crimes.
The President's authority to pardon rests in the U.S. Constitution, which gives presidents nearly unfettered power to forgive federal crimes. However, the Constitution does not grant a President the power to pardon state crimes. State crimes are prosecuted under state law and are subject to state jurisdiction. Therefore, if a person is convicted of a state crime, the President cannot pardon them.
However, there are some exceptions to this rule. For example, if a federal crime and a state crime arise from the same conduct, a President can pardon the federal crime, which would also have the effect of pardoning the state crime. This is because a pardon for a federal crime would also eliminate the basis for the state crime.
Another exception is when a state's constitution or laws specifically allow the Governor to pardon state crimes. In such cases, the Governor has the exclusive power to pardon state crimes, and the President cannot interfere with that power. However, the President can still pardon the federal crime arising from the same conduct.
On Thursday, President Biden announced that he had issued a general pardon for all those convicted of the federal crime of simple marijuana possession. However, this does not apply to state marijuana crimes, as they are prosecuted under state law. Therefore, anyone convicted of a state marijuana crime would not benefit from the President's pardon.
President Joe Biden announced on Thursday that he's pardoning individuals charged with simple marijuana possession on a federal level, but this does not extend to state crimes. This means that individuals who have been convicted of state marijuana crimes would still be subject to the state's penalties, even if they were pardoned for their federal crime.
The first clause of Article II Section 2 of the Constitution provides: “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This means that the President can only pardon federal crimes, and not state crimes. However, as we mentioned earlier, there are exceptions to this rule.
On October 7, 2022, President Joe Biden became the first POTUS to issue mass pardons to those with low-level, federal marijuana possession charges. This move was widely praised by criminal justice advocates, who believe that marijuana criminalization has disproportionately affected communities of color. However, it is essential to note that this pardon does not extend to state marijuana crimes.
Last week, criminal justice advocates celebrated as President Joe Biden granted a pardon for individuals who have violated federal or D.C. laws regarding simple marijuana possession. However, this does not apply to state laws, which means that individuals convicted of state marijuana crimes would still face penalties.
In conclusion, a President's pardoning power only extends to federal crimes and not state crimes. However, there are exceptions to this rule, such as when a federal crime and a state crime arise from the same conduct or when a state's constitution or laws grant the Governor the power to pardon state crimes. It is crucial to understand the limits of presidential pardoning power to avoid confusion and misinformation.
