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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll