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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Can presidential pardons be repealed?

By Esther Tsvayg
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NO

There is no clear process to repeal a presidential pardon. Article II, Section 2 of the Constitution gives the head of the executive branch "virtually unfettered discretion" to "grant Reprieves and Pardons for Offenses against the United States," including pardons, commutations (substituting a less severe penalty for a court-imposed punishment) and reprieves (delay of a sentence's execution) for federal criminal offenses.

Presidential pardons aren't subject to judicial review. They are plenary in nature, meaning beyond legislative control.

The power to pardon is not entirely unchecked. Presidents may not grant clemency if they have been impeached or are in impeachment proceedings. A 1974 federal district court case ruled that clemency must be "directly related to the public interest" and not unduly infringe the recipient's "constitutional freedoms" with any conditions imposed.

This fact brief is responsive to conversations such as this one.
Sources
Constitution Center: Article II, Section 2
Congressional Research Service: Presidential pardons—Overview and selected legal issues
University of Nevada, Las Vegas: Law Journal Forum—Congressional control of presidential pardons
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.