The Office of the Pardon Attorney in the Justice Department reviews clemency petitions and recommends candidates to the president, but presidents can ignore these recommendations and pardon anyone they choose.

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The Office of the Pardon Attorney assists the president by reviewing clemency petitions and providing recommendations, but the pardon power flows directly from the Constitution, not from any legislative enactment, and cannot be modified by Congress or administrative procedures. Presidents can completely bypass the formal DOJ process and pardon anyone they choose for federal crimes. Typically, pardon applicants must wait five years after completing their sentence before applying, but presidents can waive this waiting period—in fact, presidents can grant pardons before charges are even filed, as Gerald Ford did with Nixon. Trump's pardons of lawmakers like Henry Cuellar (before trial), Duncan Hunter, and Chris Collins demonstrate how presidents exercise this power independently of the Justice Department's formal clemency review system.

The Office of the Pardon Attorney in the Justice Department reviews clemency petitions and recommends candidates to the president, but presidents can ignore these recommendations and pardon anyone they choose.

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