Unprecedented indictment creates opportunity for unprecedented self-pardon -
No president has ever tried a self-pardon. But there’s nothing to stop Mr. Trump from trying if he wins the election next year, whether or not he has faced a trial by that time.“President Trump could certainly try to pardon himself if he is reelected,” said Jeffrey Crouch, a specialist on presidential pardon power at American University. “Article II of the Constitution does not explicitly forbid a self-pardon, and he could get the ball rolling simply by issuing himself a clemency warrant.
The federal indictment unsealed on Friday charges Mr. Trump with more than 30 counts of violating federal law over his alleged mishandling of classified documents after he left office in 2021. “There is no language specifying who may or may not be the subject of a pardon, and presidents have abused the pardon power to protect political allies and even family members,” Jonathan Turley, a professor of public interest law at George Washington University, wrote in a recent column. “There is nothing in the Constitution to exclude presidents alone from pardon eligibility.
The question of a pardon also gives Mr. Trump another potent campaign issue, in the view of some of his supporters. Mr. Trump and his allies already are portraying the indictment as an effort by the Biden Justice Department to stop his reelection bid.
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