and Kushner, along with then-campaign Chairman Paul Manafort, visited with a Russian lawyer in June 2016. This month it was revealed that both Trump Jr. Mueller III’s investigation.Īmong them: Donald Trump Jr., the president’s oldest son, and Jared Kushner, the president’s son-in-law. There are several figures - family, friends, political advisors - close to Trump who are believed to be targets of special counsel Robert S. Who could Trump look to pardon other than himself? That same day, Clinton pardoned his half-brother, Roger Clinton Jr., for federal drug crimes in the 1980s. Rich, a former hedge fund manager, had been indicted on several counts of tax evasion. Bush, in 1992, pardoned six members of former President Reagan’s administration for their roles in the Iran-Contra affair, in which officials secretly made illegal arms sales to Iran to support the Contras fighting the Sandinista government of Nicaragua.Īnd in January 2001, on his last day in office, President Clinton pardoned Marc Rich, a prolific Democratic donor. Nearly two decades later, President George H.W. Democrats and Republicans alike castigated the move as a “corrupt bargain” of sorts.
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He resigned in August 1974 before a vote by Congress on his impeachment.Ī month later, President Ford, who replaced Nixon, granted the former president a full unconditional pardon for any crimes he “has committed or may have committed or taken part in” during his tenure in office. In 1973, the House Judiciary Committee launched the impeachment process against Nixon for his involvement in Watergate. In a memo, the agency’s Office of Legal Counsel said that “under the fundamental rule that no one may be a judge in his own case, the president cannot pardon himself.”īut this assessment was not binding and, of course, law experts say, could be challenged in the courts. In the Ex Parte Garland case of 1866, the Supreme Court ruled that the president has full power to pardon anyone, either before, during or after prosecution.ĭuring the height of the Watergate scandal in the 1970s, the Department of Justice provided legal guidance to President Nixon. In theory, a president could test the matter. There is no court precedent, because no president has sought to pardon himself. Levinson, professor at Loyola Law School, Los Angeles What have the courts and federal government said about the issue?
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The language of the Constitution embraces the idea that there is one person who grants a pardon and a different person who accepts that pardon. “It would also not stop the investigation.”
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“It is also important to keep in mind that such a pardon would not protect against either an impeachment or state charges,” he said. Turley said, however, that a president pardoning himself would raise serious questions “of an abuse of power.” There are good-faith arguments on the other side, however, that the natural reading of the power excludes such self-dealing.” Turley added: “There is nothing in the text and little in the historical record to contradict that assertion of power. “There is also a principle of so-called natural law, which provides that no person should stand as her or his own judge.”Įven so, Jonathan Turley, a professor at George Washington University Law School, said a “textual reading of Article II would support a president asserting the right to pardon himself.” Levinson, a professor at Loyola Law School, Los Angeles. “The language of the Constitution embraces the idea that there is one person who grants a pardon and a different person who accepts that pardon,” said Jessica A. No president has attempted to give himself a pardon, and the views among constitutional law experts are mixed.
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Article II, Section 2, of the Constitution, is far from detailed, but also notes another exception to the president’s power, noting the chief executive can “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” So can Trump pardon himself? The president’s pardon power, however, does not extend to state-level crimes. An individual, courts have ruled, does not have to be charged or convicted to receive a presidential pardon. Constitution grants a president the power to pardon anyone of a federal crime.
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Trump, in a report first published by the Washington Post, has questioned aides about the scope of his pardoning powers.īut could this happen? Here are some answers: They’ve pardoned friends and felons, political donors and even a former president.īut can a president pardon himself? Well, we’ve now reached that question, six months into President Trump’s administration.Īs a special counsel’s investigation into possible collusion between Trump’s presidential campaign and Russia continues, reports have surfaced in recent days that the president has inquired about pardoning family members and even whether he can give himself a pardon. It's not rare for presidents to dole out pardons.