Thread by @davidallengreen, Could Trump pardon himself?Some thoughts from an English law perspective(I am not [...]

davidallengreen

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

1.

Putting right the wrong done to Alan Turing

Why there may be a better alternative to a “statutory pardon” for the Enigma code breaker, who was prosecuted over his homosexuality in 1952.

https://www.newstatesman.com/david-allen-green/2013/07/putting-right-wrong-done-alan-turing

Let'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.

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.

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.

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.

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