A federal pardon in the United States is the action of the President of the United States that completely sets aside the punishment for a federal crime. The authority to take such action is granted to the president by Article II, Section 2, Clause 1 of the U.S. Constitution. Under the Constitution, the president's clemency power extends to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review. The beneficiary of a pardon needs to accept the pardon. The Supreme Court stated in Burdick v. United States that a pardon carries an "imputation of guilt," and acceptance of a pardon is a confession to such guilt.
The president's pardon power is limited to federal offenses because the Constitution only grants the president the power to pardon "offenses against the United States." An offense that solely violates state law is not an offense against the United States. Experts disagree as to whether presidents can pardon themselves, and there is disagreement about how the pardon power applies to cases involving obstructions of an impeachment. The pardon can also be used for a presumptive case, such as when President Gerald Ford pardoned Nixon over any possible crimes regarding the Watergate scandal.
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