The Atlantic

Can Trump Pardon Himself?

He can certainly try it—but that doesn’t mean he’d succeed.
Source: Jim Young / Reuters

On June 4, President Donald Trump tweeted, “As has been stated by numerous legal scholars, I have the absolute right to PARDON myself, but why would I do that when I have done nothing wrong?”

Trump is not the first president to consider a self-pardon. On August 1, 1974, Vice President Gerald Ford met with Alexander Haig, an aide to Richard Nixon, who raised the possibility that the president might: invoke Section 3 of the Twenty-Fifth Amendment if impeached by the House and step aside temporarily on the grounds that he was “unable to discharge the powers and duties of his office,” then reassume office if the Senate failed to remove him; “plea-bargain” with Congress for censure instead of removal; pardon the other Watergate defendants and himself, then resign.

Or Nixon might resign and Ford might pardon him. In his 2009 book, The Presidential Pardon Power, the political scientist Jeffrey Crouch suggested that the point of the meeting was for Haig to let Ford know that, as president, he would have the power to pardon Nixon before indictment or trial.

Four days later, the Justice Department produced a memo arguing for all federal crimes committed during his presidency.

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic4 min read
Hayao Miyazaki’s Anti-war Fantasia
Once, in a windowless conference room, I got into an argument with a minor Japanese-government official about Hayao Miyazaki. This was in 2017, three years after the director had announced his latest retirement from filmmaking. His final project was
The Atlantic7 min readAmerican Government
The Americans Who Need Chaos
This is Work in Progress, a newsletter about work, technology, and how to solve some of America’s biggest problems. Sign up here. Several years ago, the political scientist Michael Bang Petersen, who is based in Denmark, wanted to understand why peop
The Atlantic5 min read
The Strangest Job in the World
This is an edition of the Books Briefing, our editors’ weekly guide to the best in books. Sign up for it here. The role of first lady couldn’t be stranger. You attain the position almost by accident, simply by virtue of being married to the president

Related Books & Audiobooks