Office of the Pardon Attorney

The Office of the Pardon Attorney (OPA), part of the United States Department of Justice, assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. The office is headed by the pardon attorney. It operates under the general oversight of the deputy attorney general and in consultation with the attorney general or their delegate to review and process clemency applications.

Under the Constitution, the president's clemency power extends only to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney for investigation and review. The pardon attorney prepares the department's recommendation to the president for final disposition of each application.

Since 1853, the responsibility of advising the president on pardon petitions has been assigned to the attorney general. Over time, various offices have supported this role in managing the clemency process, including the Office of the Pardon Clerk (1865–1870), the Office of the Attorney in Charge of Pardons (1891–1894). In 1894, the current Office of the Pardon Attorney was established.

Executive clemency may take several forms, including pardon, conditional pardon, commutation of sentence, conditional commutation of sentence, remission of fine or restitution, respite, reprieve and amnesty. A pardon may be posthumous. The Office of the Pardon Attorney currently has a staff that includes the deputy pardon attorney, an executive officer, four staff attorneys, and its clerical staff and paralegals who assist in the review of petitions.

The power of clemency is "one of the most unlimited powers bestowed on the president by the Constitution."