Criminal Law Library Blog
A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.
Legal Basis for Preemptive Pardons
The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.