header-logo header-logo

26 November 2020 / Michael Zander KC
Issue: 7912 / Categories: Opinion , Immigration & asylum , Constitutional law
printer mail-detail

Pardon me?

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll