Turkey Pardons

Published for NC Criminal Law on November 27, 2017.

Last week, President Trump pardoned Drumstick, a 36-pound turkey. What’s the legal basis for the annual ritual of a president pardoning a turkey? When did the tradition start? And what becomes of the birds post-pardon? This post gives you authoritative information about turkey pardons. Legal basis. There isn’t any. Article II, section 2 of the Constitution grants the president the “Power to grant Reprieves and Pardons for Offences against the United States.” Being a turkey isn’t a federal crime, so there is nothing to pardon, legally speaking. Origins. I have reviewed multiple accounts of the history of the tradition, including those available through the White House Historical Association, Snopes, and Legal Business Edge. Synthesizing those sources, it seems that Abraham Lincoln may have spared the life of a Thanksgiving turkey based on the entreaty of his young son. More recently, John F. Kennedy announced that he would not eat a turkey presented to him by the California Turkey Advisory Board, but neither he nor Lincoln used the word “pardon.” In fact, the first formal pardon was granted by President George H.W. Bush, who stated that the White House turkey was “granted a presidential pardon as of right now, allowing him to live out his days on a farm not far from here.” Since then, the president has pardoned at least one turkey each fall. Post-pardon life. The Atlantic covers the care and maintenance of presidential turkeys here. Before the ceremony, the selected birds are flown to Washington on a private plane dubbed [...]