The Great Presidential Pardon Heist
Awarded by the Commander-in-Chief, presidential pardons override previous rulings handed down by any other federal judge or court. Some presidents are more generous with pardons than others, but overall, they’ve been granted with increasing frequency since Washington issued the first 16, including two for participants of the Whiskey Rebellion. By contrast, Barack Obama pardoned, commuted, or otherwise granted clemency to 1927 people.
Despite the increasing number, receiving a pardon is no easy task. First, there’s a required waiting period of five years. Applicants must write an essay about why they are seeking clemency, including documentation; they also need at least three character references, and they have to go through a “very thorough” federal review. And that’s just for starters.
However, if you’re determined to get a presidential pardon, there are other ways to go about obtaining one (though we don't recommend it)—as long as you don’t care whose name is on the certificate. Just ask Shawn Aubitz.
Some time in the middle of his 14-year career as a curator with the National Archives and Records Administration (NARA), Aubitz realized he was sitting on a gold mine: The files, letters, maps, and photographs he handled every day could command big bucks from the right collectors. From 1996-1999, he pulled off the historical heist of the century simply by surreptitiously slipping documents into his briefcase. Over the three-year period, Aubitz made off with hundreds of items, including 64 pardons and 316 photos taken by astronauts.
Though the number is rather staggering, the thefts weren’t discovered until 2000, when a National Park Service employee noticed a suspicious item for sale on eBay and notified the National Archives about the auction. The National Archives Office of the Inspector General quickly took action and discovered a total of four National Archives documents on eBay. The items were traced to Aubitz, who pled guilty to the crimes in 2002. In court, Aubitz blamed his actions on “a compulsive need to amass collections for self-esteem and approval,” but also admitted that his motives were financial—he used more than $200,000 in ill-gotten funds to pay his credit card debt. Aubitz served 21 months in prison for his crimes and paid $73,793 in restitution.
Because Aubitz provided the names of his buyers, many of the pilfered items were recovered, such as a warrant for the seizure of Robert E. Lee's estate during the Civil War. Many are still missing, however, including pardons issued by 10 presidents, from James Madison to Rutherford B. Hayes. So, history buffs, if you’re not totally sure about the origins of that Andrew Jackson-signed pardon hanging on your study wall, contact NARA at MissingDocuments@nara.gov.