Who can grant a commutation?
Only the president of the United States can grant a commutation to a person convicted in a federal court. Congress and the federal courts do not have or share this power, cannot overturn or reverse a commutation, and cannot create rules limiting the president’s use of the power. In the states, there are three possible ways that commutations can be granted: solely by the governor (i.e., the governor can grant clemency without the input or favorable recommendation of a parole, clemency, or pardon board), solely by a special executive clemency/pardon/parole board (i.e., the board makes the decision to grant clemency without any input or involvement from the governor), or by both the governor and a board (i.e., the governor has the final say in deciding to grant or deny clemency, but a board also reviews the case and makes a recommendation which the governor is required to consider, but not necessarily follow).
