LEFT-CENTER BIAS FACTUAL REPORTING: HIGH
- Trump has talked to aids about the possibility of pardoning himself
- The legality of a preemptive pardon has never been tested by the courts
- The pardon would not protect him from state level prosecution
Trump Is Said to Have Discussed Pardoning Himself
read article ⧉
Mr. Trump has shown signs that his level of interest in pardoning himself goes beyond idle musings. He has long maintained he has the power to pardon himself, and his polling of aides’ views is typically a sign that he is preparing to follow through on his aims. He has also become increasingly convinced that his perceived enemies will use the levers of law enforcement to target him after he leaves office.
No president has pardoned himself, so the legitimacy of prospective self-clemency has never been tested in the justice system, and legal scholars are divided about whether the courts would recognize it. But they agree a presidential self-pardon could create a dangerous new precedent for presidents to unilaterally declare they are above the law and to insulate themselves from being held accountable for any crimes they committed in office.
LEFT-CENTER BIAS FACTUAL REPORTING: HIGH
Trump has told aides since the election that he is considering pardoning himself, report says
read article ⧉
President-elect Joe Biden has shown no eagerness to prosecute Trump once the former vice president takes office on Jan. 20, but he has not ruled out the possibility of his Department of Justice doing so.
On Thursday, Biden formally announced that he would nominate federal appeals court judge Merrick Garland, a centrist whom former President Barack Obama nominated to the Supreme Court, as attorney general. Biden stressed that Garland would be independent in the role.
“I want it to be clear to those who lead the department and those who serve there,” Biden said. “You don’t work for me. Your loyalty isn’t to me. It is to the law.”
Trump also faces criminal exposure at the state level. In New York, Manhattan District Attorney Cy Vance, Jr. has suggested that Trump and his businesses could be criminally prosecuted for tax crimes.
The Supreme Court sided with Vance over the summer in a case in which Vance sought to gain access to Trump’s financial records, including his tax returns. That dispute continues to be litigated.
LEFT-CENTER BIAS FACTUAL REPORTING: MOSTLY FACTUAL
Can President Trump pardon President Trump?
read article ⧉
President Trump has alternatives if he wants to pursue a somewhat more legally defensible pardon. For example, he could resign before President-elect Joe Biden is sworn in and allow newly installed president Mike Pence to issue his pardon. Or he could try to accomplish the same result by using the 25th Amendment, which gives the vice president all presidential powers for a limited time when the president is temporarily disabled.
While courts would likely view the pardon power broadly, the power is not absolute. The pardon power only applies to federal crimes. And it only applies for crimes committed up to the time of the pardon – it's not a get-out-of-jail-free card to commit future crimes. So, for example, a preemptive pardon of President Trump, if legal, would not prohibit his prosecution for violations of state crimes nor would it insulate him if he violates federal laws in the future.
LEFT BIAS FACTUAL REPORTING: HIGH