Should Donald Trump Self-Pardon Before the End of his Presidency?

Some take the President is granted the right to do so. Others believe that if he had the privilege, it would be more explicitly stated within the Constitution.

In light of Donald Trump’s presidency coming to an end, he has already granted amnesty to many people who worked for him during his time in office. Now many of his advisors are prompting him to grant preemptive pardons to himself.

Presidents of the United States have the privilege to grant federal pardons. Presidents have the power to grant four different types of pardons. The first is when the President pardons the entire crime completely. The second shortens the criminal sentence, the third choice frees the individual from any legal obligations, and the fourth is to temporarily cut off the individual’s sentence as a respite.

Presidential pardons have been a tradition since Alexander Hamilton proposed the idea during the 1787 Constitutional convention, and since then, Article II of the constitution allows presidents to do so. However, despite presidents having this privilege, they must be cautious with individuals who they choose to pardon, as they can be the spark of great controversy.

One example would be when Gerald R. Ford chose to grant a preemptive pardon to Richard Nixon in the wake of the Watergate scandal. Although the court had not formally charged Nixon with any crimes yet, Ford unconditionally pardoned him for any crimes he may have committed. These actions raised such disapproval by the public and are said to be one of the main factors that contributed to the fall of Ford’s career.

But with Trump’s talk of consideration of pardoning himself, there comes great uncertainty. There is nothing in the constitution that explicitly states that the President cannot self-pardon. But there is a significant lack of specific language regarding the situation, which leads to different interpretations. Some take this to mean that the President is granted the right to do so. Others believe that if he had the privilege, it would be more explicitly stated within the Constitution.

In 1974, President Nixon’s Lawyer advised him to self-pardon after the WaterGate scandal. However, the Department of Justice issued a memorandum opinion which stated that a president could not pardon themselves. However, a president could step down, allowing their vice president to assume the position in office and pardon them. This is what Nixon chose to do, stepping down, letting his previous Vice president, Gerald R. Ford, pardon him with the power he then held as President of the United States.

So hypothetically, should President Trump find a way to pardon himself, should he?

Regardless of all legal issues, Trump would face a second wave of complications. The public controversy that such an action would ensue. His act of pardoning himself, whether it would be through self-pardoning or stepping down to allow Vice President Mike Pence to pardon him, would be viewed as putting himself above the law. He would essentially be portraying the message that any federal crimes he may have committed do not matter because he has the power to get away with it without any legal repercussions.

The public backlash would be devastating. There would be immense anger throughout the nation. People are quick to display their opinions when they feel like they have been put in an unfair situation. Racial, gender, or any other inequalities spark mass anger but are often a battle between sides as there are always unaffected people, and thus are either bystanders or against the movement. On the other hand, such a legal inequality would affect every single American Citizen, as every individual is bound to follow the law, or they are held accountable for their actions. As controversial as he already is, Trump pardoning himself and exempting himself from any legal punishment and accountability for his actions would be a surefire way to destroy his career. There is no doubt that there would be riots and protests throughout the country.

Although his advisors may be pushing him to attempt it, they seem to be focusing purely on this situation’s legal aspect. But public outrage cannot be overlooked, as the power shifts to the people when they deem it necessary to unite over an injustice.