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*Grzegorczyk v. United States, 142 S. Ct. 2580, 2581 (2022) (denial of a petition for a writ of certiorari):
*Grzegorczyk v. United States, 142 S. Ct. 2580, 2581 (2022) (denial of a petition for a writ of certiorari):
Justice Kavanaugh on behalf of a total of 6 Justices:
Justice Kavanaugh on behalf of a total of 6 Justices:
<blockquote>That said, the Constitution affords the Executive Branch authority to unilaterally provide relief to the defendant, if the Executive wishes to do so. The Framers of the Constitution contemplated that a federal criminal conviction or sentence might later be questioned by the Executive. And Article II of the Constitution grants the President broad unilateral authority to pardon federal defendants and to commute federal sentences. Art. II, §2, cl. 1. Presidents regularly exercise that power.
<blockquote>That said, the Constitution affords the Executive Branch authority to [[unilateral]]ly provide relief to the defendant, if the Executive wishes to do so. The Framers of the Constitution contemplated that a federal criminal conviction or sentence might later be questioned by the Executive. And Article II of the Constitution grants the President broad unilateral authority to pardon federal defendants and to commute federal sentences. Art. II, §2, cl. 1. Presidents regularly exercise that power.
In order to provide relief to the defendant in this case, the Executive Branch therefore has no need to enlist the Judiciary, or to ask the Judiciary to depart from standard practices and procedures. To the extent that the Department of Justice has concluded that this defendant’s conviction should be vacated or that his sentence should be reduced, the Attorney General may recommend a pardon or commutation to the President, and the President may pardon the defendant or commute the sentence.</blockquote>
In order to provide relief to the defendant in this case, the Executive Branch therefore has no need to enlist the Judiciary, or to ask the Judiciary to depart from standard practices and procedures. To the extent that the Department of Justice has concluded that this defendant’s conviction should be vacated or that his sentence should be reduced, the Attorney General may recommend a pardon or commutation to the President, and the President may pardon the defendant or commute the sentence.</blockquote>