Pardon Powers (Art 2, § 2, cl. 1)
The U.S. president has the power to pardon individuals convicted of committing a federal crime (the president may not pardon those found guilty of state crimes).
The Constitution does not explicitly place any limitations on the power of the president to pardon federal crimes, only stating that the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
This has led to questions about whether a president may pardon himself should he be found guilty of having committed a federal crime.
President Trump and his surrogates have claimed that he does.
However, this reading of the Constitution would place the president above the law allowing him to act with impunity: he could violate any law he chooses and then simply issue himself a pardon.
Because a president has (so far) never attempted to pardon himself, the courts have not issued a ruling on the matter.
So for now, it remains an open question whether presidents may pardon themselves.
The pardon power has also often been abused, with presidents issuing pardons to campaign supporters and donors that have been found guilty of serious crimes rather than to individuals who could rightfully claim to be victims of an imperfect criminal justice system.
For example, in 2001 President Clinton pardoned fugitive financier Marc Rich who was indicted on charges of racketeering, trading with the enemy, evading $48 million in income taxes, and over 50 counts of wire fraud. The pardon was granted on Clinton’s last day in office and came after Rich’s ex-wife Denise, who lobbied aggressively for a pardon, donated $450,000 to Clinton’s Presidential Library Foundation and $100,000 to his wife Hillary’s Senate campaign.
Written By: Aiden Singh Published: July 28, 2020