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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll