New legal explainer: Trump has discussed potential pardons that could test the boundaries of his constitutional power to nullify criminal liability. nytimes.com/2020/12/02/us/…
Here are some highlights, with greater explanation at the link.
1. Can Trump prospectively pardon people before they have been charged with the crime, let alone convicted of anything? Yes. (Though still after the potential offense took place.)
1. Can Trump prospectively pardon people before they have been charged with the crime, let alone convicted of anything? Yes. (Though still after the potential offense took place.)
2. Does pardoning necessarily eliminate all risk? No.
Trump can't stop state prosecutors, who can charge financial crimes. And it could eliminate a shield that lets witnesses avoid testifying before Congress or a grand jury.
Trump can't stop state prosecutors, who can charge financial crimes. And it could eliminate a shield that lets witnesses avoid testifying before Congress or a grand jury.
3. Can Trump pardon his close relatives and inner-circle allies? Yes.
4. If Trump issues a general pardon that covers everything, instead of specifying particular crimes or activities, would that be valid? Unclear.
5. If Trump purports to pardon himself, would that be valid? No one knows.
6. Is there a way for Trump to engineer a more clearly legal pardon for himself? Yes - he could invoke the 25th Amendment to temporarily make Mike Pence acting president and get him to issue it. (Bush twice briefly made Cheney acting prez when sedated for a medical procedure.)
7. If Trump corruptly issues a pardon - like in exchange for money or a promise by a witness not to incriminate him - would that count? Probably the pardon still would be deemed valid. But after leaving office, Trump might be prosecuted for bribery or obstruction.
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