List of Biden Pardons: What Really Happened with Those Final Weeks

List of Biden Pardons: What Really Happened with Those Final Weeks

Honestly, the way Joe Biden handled his pardon power was a bit of a rollercoaster. For three and a half years, things were relatively quiet. Then, as the clock ticked down toward January 2025, the floodgates basically burst open. You’ve probably heard about the big ones—the family members and the high-profile political figures—but there is a massive list of Biden pardons and commutations that flew under the radar for most people.

He didn't just break records; he shattered them. By the time he left office, he had granted 4,245 acts of clemency. That is more than any other president since the start of the 20th century. For context, Franklin D. Roosevelt held the crown before this with 3,796, but it took him 12 years to hit those numbers. Biden did it in four, with the vast majority happening in his final months.

The Most Famous Name on the List: Hunter Biden

Let's address the elephant in the room. On December 1, 2024, Biden did what he said he wouldn't do: he pardoned his son, Hunter. This wasn't just a "get out of jail free" card for the specific gun and tax charges Hunter was facing in Delaware and California. It was a "Full and Unconditional Pardon" covering any federal offenses he "committed or may have committed" between January 1, 2014, and December 1, 2024.

Essentially, it was a decade-long blanket of legal protection. Biden argued that Hunter was being "singled out" because of his last name. Critics called it a betrayal of his promise to keep the Justice Department independent. Regardless of where you stand, it was the moment that defined his use of the pardon power in the public eye.

Preemptive Pardons for the Inner Circle

But Hunter wasn't alone. In the final hours, Biden issued what are known as "preemptive pardons." These are rare because they apply to people who haven't even been charged with a crime yet. He basically used them as a shield against potential future prosecutions by the incoming administration. The list of Biden pardons included:

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  • Dr. Anthony Fauci: The face of the COVID-19 response.
  • Retired Gen. Mark Milley: Former Chairman of the Joint Chiefs of Staff.
  • January 6 Committee Members: Including Liz Cheney, Adam Kinzinger, and Adam Schiff.
  • The Rest of the Biden Family: Siblings James and Francis Biden, and sister Valerie Biden Owens.

It was a bold, kinda defensive move that sparked a lot of debate about whether the pardon power should be used to stop investigations before they even start.

Mass Pardons: Marijuana and the Military

While the "celebrity" pardons got the headlines, Biden’s legacy actually lies in his mass proclamations. This is where the numbers get huge. Instead of picking individuals one by one, he issued broad orders that covered entire categories of people.

One of the biggest moves was his stance on simple marijuana possession. In October 2022 and again in December 2023, he pardoned thousands of people convicted under federal law for just having weed on them. Now, it's important to be clear: this didn't let anyone out of prison because, at the time, nobody was actually in federal prison only for simple possession. But what it did do was clear the records of about 6,500 people, making it easier for them to find jobs or get housing.

Then there was the Article 125 proclamation in June 2024. For decades, the military used Article 125 of the UCMJ to court-martial service members for consensual gay sex. Biden issued a mass pardon for those convicted between 1951 and 2013. He called it "righting a historic wrong." Interestingly, even though thousands were eligible, by mid-2025, only a handful of veterans had actually successfully navigated the paperwork to get their formal certificates.

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The December 2024 and January 2025 "Cleansing"

If you look at the official list of Biden pardons, the dates are heavily skewed. About 96% of his clemency actions happened in his final fiscal year. On one single day—January 17, 2025—he granted 2,490 commutations.

Most of these were for non-violent drug offenders. Many had been serving their sentences at home under the CARES Act during the pandemic and were facing the prospect of being sent back to prison. Biden stepped in to make their home confinement permanent.

Emptying Death Row?

One of the most quietly dramatic things Biden did was commute the sentences of 37 out of 40 federal death row inmates. He didn't set them free; he changed their sentences to life without parole. He notably left out three people who were convicted of mass murder or terrorism. This was basically a final middle finger to the federal death penalty, which Biden has long said he opposes but never officially abolished through Congress.

Why the List of Biden Pardons Still Matters

Even though he's out of office, these pardons have lasting effects.

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  1. The Fifth Amendment Loophole: There is a weird legal quirk where if you are pardoned, you might lose your right to "plead the fifth." Since you can't be prosecuted for the crime anymore, you can't claim that testifying would incriminate you. This has led to some interesting legal battles where Congress is trying to force pardoned individuals to talk.
  2. State vs. Federal: Remember, Biden’s power only applied to federal crimes. He couldn't touch anything happening at the state level. This is why some people on the list are still facing legal heat in places like New York or Georgia.
  3. Record Clearing: For the thousands of "regular people" on the list—the drug offenders and the veterans—the pardon doesn't "erase" the conviction from their record like an expungement would. It’s more like a permanent "noted" stamp that restores their right to vote or serve on a jury.

What You Should Do Next

If you or someone you know is looking for a specific name on the list of Biden pardons, the best place to find the raw, unedited data is the Department of Justice’s Office of the Pardon Attorney. They maintain a public database categorized by year.

For those who think they might be eligible under the marijuana or Article 125 proclamations, the process isn't automatic. You actually have to apply for a "Certificate of Pardon" to prove you meet the criteria. It’s a bit of a bureaucratic headache, but for veterans looking to upgrade their discharge status or former offenders trying to clear their path to employment, it’s a necessary step. Check the DOJ website for the specific application forms—they are still being processed even after the administration change.

The scale of Biden's clemency was historic, but the real impact is often found in the fine print of those thousands of commutations rather than the high-profile family drama.


Next Steps for Research:

  • Visit the DOJ Office of the Pardon Attorney website for the full searchable database of names.
  • If applying for a certificate, gather your original court-martial or sentencing documents first.
  • Consult with a legal expert if you are concerned about how a pardon affects your Fifth Amendment rights in future testimony.