Could Trump pardon himself?
Some thoughts from an English law perspective
(I am not an American lawyer but have long been fascinated by pardons and the law, see https://www.newstatesman.com/david-allen-green/2013/07/putting-right-wrong-done-alan-turing">https://www.newstatesman.com/david-all...
1.
Some thoughts from an English law perspective
(I am not an American lawyer but have long been fascinated by pardons and the law, see https://www.newstatesman.com/david-allen-green/2013/07/putting-right-wrong-done-alan-turing">https://www.newstatesman.com/david-all...
1.
Let& #39;s start with the provision, Article 2(1) of the US constitution:
President "shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."
So no express ban on him pardoning himself, other than re impeachment
2.
President "shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."
So no express ban on him pardoning himself, other than re impeachment
2.
And the Nixon pardon (appears) to show that a President can pardon in respect of crimes that may have been committed, before any prosecution is even brought - and so not just after a sentence handed down
See https://www.fordlibrarymuseum.gov/library/speeches/740061.asp
3.">https://www.fordlibrarymuseum.gov/library/s...
See https://www.fordlibrarymuseum.gov/library/speeches/740061.asp
3.">https://www.fordlibrarymuseum.gov/library/s...
So taking (2) and (3) of this thread together, Trump could on the face of it (purport to) grant himself a pardon for all federal crimes he may have committed as president
Nothing in Article 2(1) expressly would stop this, and the scope would be the same as the Nixon pardon
4.
Nothing in Article 2(1) expressly would stop this, and the scope would be the same as the Nixon pardon
4.
But
Pardons are not magic
They are instead intended to be practical documents that can be used as a bar to proceedings
A defendant invokes the pardon to stop criminal proceedings
That is when the pardon would bite
5.
Pardons are not magic
They are instead intended to be practical documents that can be used as a bar to proceedings
A defendant invokes the pardon to stop criminal proceedings
That is when the pardon would bite
5.