Pardon for Scooter Libby?

This blog features a series of regularly updated, brief essays regarding the possible presidential pardon of "Scooter" Libby with an emphasis on history, law and empirical research. The creator is ProfessorP.S. Ruckman, Jr., author of the forthcoming book, Pardon Me, Mr. President: Adventures in Crime, Politics and Mercy .

Saturday, December 15, 2007

December Pardons. News?

In recent posts I have noted the monthly trends in President Bush's clemency decisions (see chart here). In order to get a more broad perspective on the timing of pardons and commutations, I have collected data on clemency decisions in recent administrations with particular focus on the two-term presidencies of Eisenhower, Nixon/Ford, Reagan and Clinton.

In all four presidencies, a significant percentage of pardons and commutations were granted in the month of December. For example, a majority of the pardons and commutations that were granted in the Nixon/Ford administration were granted in the month of December. A full 61 percent were granted in that month alone (see chart here). December was also the most active month in the administration of Ronald Reagan (see chart here). But Reagan's December pardons represent only 43 percent of his clemency decisions.

Bill Clinton granted the highest number of pardons and commutations in the month of January. But that is because of the infamous last-minute pardon spree. If those decisions are excluded from the analysis, Clinton granted 58 percent of the remaining pardons and commutations in the month of December (see chart here). Dwight Eisenhower granted the largest number of pardons in the month of December but, like Clinton, granted over 100 pardons and commutations in his final days in office (see chart here).

Incidentally, with respect to the two recent single-term presidents, December was the most active month for both Republican George H.W. Bush and Democrat Jimmy Carter Bush granted 31 percent of his pardons and commutations in December (see chart here). For Carter, the figure is 50 percent(see chart here).

In sum, for 5 0f the last 6 presidencies, dating back to 1953, the largest number of pardons and commutations have been granted in the month of December. It would be all 6 administrations but for the last-minute pardons of Bill Clinton. In 2 administrations, December pardons and commutations account for 50 percent or more of all pardons and commutations granted. It would be 3 of the last 6 but for the last-minute pardons of Bill Clinton.