September 15, 2023

Could Trump pardon himself?

 Independent - No former or sitting president of the United States has ever been formally charged with a crime before, so for Mr Trump to have received multiple indictments is already history-making, another ignominious claim to fame for the first American commander-in-chief ever to have been impeached twice. The prospect of Mr Trump winning the presidency again in November 2024 and then attempting to use his presidential pardoning powers to excuse himself is a fascinating prospect that could yet become a reality.

As president between 2017 and 2021, Mr Trump cheerily used his executive clemency powers to hand out pardons to no fewer than 237 people, from Arizona sheriff Joe Arpaio to right-wing content creator Dinesh D’Souza by way of cronies like Steve Bannon, Roger Stone, Michael Flynn, Paul Manafort and George Papadopoulos.

Whether he had the authority to pardon himself was a key question at the time he left office in the aftermath of the deadly Capitol riot of 6 January 2021, which, ultimately, never had to be answered because he did not attempt to do so. The broad consensus among legal experts back then was that there was no stipulation in place to actually prohibit such an act but, given that there was no precedent for it either, it would likely be subjected to a lawsuit calling into question its legal validity.

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