The Presidential Pardon: Controversies and Limits with Helen Bollwerk (RECAST)

National Security Law Today

This week, Elisa revisits her conversation with longtime former Pardon Attorney, Helen Bollwerk, to unpack the presidential pardoning process. Together, they explore the procedural regulations, judicial precedents, past controversies, and the pressing question of whether a president-elect can pardon himself.

Helen Bollwerk served as a pardon attorney at the Department of Justice for nineteen years.

References:

U.S. Constitution, Art. II, Sec. 2

28 CFR § 1.1 - 1.11

Ex parte Wells, 59 U.S. (18 How.) 307 (1855)

Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866)

Carlesi v. New York, 233 U.S. 51 (1914)

Burdick v. United States, 236 U.S. 79 (1915)

Ex parte Grossman, 267 U.S. 87 (1925)

Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974)

Schick v. Reed, 419 U.S. 256 (1974)

United States v. Noonan, 906 F.2d 952 (3d Cir. 1990)

U.S. Constitution, Art. II, Sec. 2

28 CFR § 1.1 - 1.11

Congressional Report, Justice Undone: Clemency Decisions in the Clinton White House, May 14, 2002. Part One; Part Two; Part Three

Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007

Office of Legal Counsel Presidential or Legislative Pardon of the President (August 5, 1974)