Brian Kalt of Michigan State College of Law and Jeffrey Toobin, author of The Pardon: The Politics of Presidential Mercy, explore the founders’ vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson’s pardons to those issued by Presidents Biden and Trump. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
Video
Participants
Brian Kalt is professor of Law & Harold Norris Faculty Scholar at Michigan State University College of Law. His books include Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment and Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies. He is also co-author of the National Constitution Center’s Interactive Constitution explainer on the 25th Amendment.
Jeffrey Toobin is chief legal analyst for CNN. He is the author of 10 books, including Homegrown: Timothy McVeigh and the Rise of Right-Wing Extremism, True Crimes and Misdemeanors: The Investigation of Donald Trump, The Oath: The Obama White House and The Supreme Court, The Nine: Inside the Secret World of the Supreme Court, and Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election. His new book is The Pardon: The Politics of Presidential Mercy.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources
- Jeffrey Toobin, The Pardon: The Politics of Presidential Mercy (2025)
- Brian Kalt, Constitutional Cliffhangers (2012)
- Nixon Pardon (Gerald Ford Presidential Library)
- Trump v. United States (2024)
- Alexander Hamilton, The Federalist No. 74, New York Packet (March 28, 1788)
- Abraham Lincoln, “Proclamation 124—Offering Pardon to Deserters” (March 11, 1865)
- United States v. Klein (1871)
- Ex parte Garland (1866)
- Andrew Glass, “Bush pardons Iran-Contra felons, Dec. 24, 1992,” Politico (Dec. 24, 2018)
- Presidential Records Act
- Donald Trump, “Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021,” (Jan. 20. 2025)
- Jimmy Carter, “Proclamation 4483—Granting pardon for violations of the Selective Service Act, August 4, 1964, to March 28, 1973,” (Jan. 21, 1973)
- Pardons granted by President Barack Obama
- Pardons granted by President Joe Biden
- Pardons granted by President Bill Clinton
- Pardons granted by President Donald Trump
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