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

Ben Jacobs
GEN
Published in
5 min readDec 16, 2020

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Donald Trump and Rudy Giuliani at the Trump National Golf Club Bedminster in 2016. Photo: Drew Angerer/Getty Images

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?

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Published in GEN

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Ben Jacobs
Ben Jacobs

Written by Ben Jacobs

Ben Jacobs is a politics reporter based in Washington. Follow him on Twitter at @bencjacobs.

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