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YOUR PARANOID QUESTIONS
Your Most Paranoid Questions About Trump’s Pardons, Answered
Spoiler: The president pretty much has free rein to pardon whomever he wishes
With weeks to go before Joe Biden enters the Oval Office, speculation is running rampant around whom President Trump will decide to pardon. Trump has several family members and allies under investigation, and the list of names ranges from Jared Kushner to Rudy Giuliani to the president himself. But are there any limitations on Trump’s presidential pardon power, or does he have the ability to bestow Get Out Of Jail Free cards to whomever he chooses?
Can Trump pardon anyone?
Yes, the presidential pardon power is very open-ended. Article II, Section 2 of the Constitution provides that the president “shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” In the 1866 case, Ex Parte Garland, the Supreme Court further elaborated that the power of the pardon “extends to every offense known to the law, and may be exercised at any time after its commission.”
So you don’t need to be pardoned for a specific offense?
Nope. As Frank Bowman, a professor at the University of Missouri law school told GEN, “presidents have issued a boatload of fairly non-specific pardons.” Most notoriously, Gerald Ford pardoned Richard Nixon “for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.” More recently, former National Security Advisor Michael Flynn was pardoned by Trump for “any and all offenses” connected to the Mueller investigation.
Are there any limitations on his pardon power?
There are some. First, as stated, the president can’t issue pardons in cases of impeachment. The presidential pardon power is based on that of the King of England and this limitation on the royal pardon power goes back to the 17th century. Second, the pardon power only applies to “offenses against the United States.” This means the president cannot…
