header-logo header-logo

Pardon me?

26 November 2020 / Michael Zander KC
Issue: 7912 / Categories: Opinion , Immigration & asylum , Constitutional law
printer mail-detail
32882
Can President Trump lawfully pardon himself? Michael Zander on a very live question

Joe Biden is to be sworn in as President of the United States on Wednesday 20 January 2021. On that day, whether he graces the occasion with his presence or not, Mr Trump will become liable to criminal prosecution like any other citizen. Could he pardon himself before that fell day? The question sounds like an Alice-in-Wonderland absurdity.

The US Constitution states that the president ‘shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment’. (Art 2, s 2, cl 1). The phrase ‘offences against the United States’ means federal crimes. A pardon could therefore not affect the criminal tax fraud cases currently under investigation by Manhattan District Attorney, Cyrus Vance or civil fraud cases against President Trump currently under investigation by New York Attorney General, Letitia James.

Since no previous US president has exercised the power, the question whether a self-pardon is lawful has never yet been considered by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll