Can Trump pardon himself in the criminal cases against him?
He will pardon 6 Jan rioters
President-elect Donald Trump says that, on the same day that he is inaugurated for his 2.0 presidency, he will pardon people who stormed the Capitol on January 6, 2021, he told Time magazine. But, can he pardon himself as well in all of the legal cases against him?
The first convicted felon ever to win a presidential election
Trump became the first-ever former president to be a convicted felon after a New York jury found him guilty of 34 counts on May and later, the first convicted felon ever to win a presidential election.
Guilty of falsifying business records
The jury found that Trump falsified business records to cover up a “hush money” payment to adult film actress Stormy Daniels before the 2016 election.
Questions around his legal cases
Nevertheless, it was not an impediment for him to run for office, for the third time, or to be elected president. But questions remain about his ability to pardon himself as president of the United States.
Trump planning to end federal cases against him
According to CNN, Trump has said multiple times he plans to fire special counsel Jack Smith and end the federal cases against him for trying to overturn the 2020 presidential election and mishandling classified documents.
A president can pardon federal convictions but not state level ones
But while a president can pardon themselves for any federal convictions, they can not do so at state level ones, such as Trump’s conviction in New York.
Only the governor of New York could pardon him
The only person who could pardon him would be the governor of New York, who is “exceedingly unlikely to do so as a Democrat”, Steve Duffy, a jury consultant told ‘The Independent’.
Photo: New York governor Kathy Hochul
Trump tried to wipe away the conviction
Trump asked for the verdict against him to be thrown out, arguing that continuing the legal proceedings would “threaten the functioning of the federal government”, but his request was denied by judge Juan Merchan, according to Forbes.
No prison time for Trump
Merchan instead announced that Trump’s sentencing will take place on January 10 (just ten days before his presidential inauguration), but made clear that he doesn’t intend to sentence Trump to prison.
Three other cases
Soon to be sworn in, Trump is also facing three other cases, two of them federal: one in Washington, DC over attempts to overturn the 2020 election and one in Florida over his alleged mishandling of classified documents.
Another state level case in Georgia
While Trump could arguably pardon himself for the two federal cases after being sworn in, he faces a third state case in Georgia in connection to his efforts to overturn the 2020 results in that state.
He could delay his Georgia trial until after he leaves office
Like in the New York case, he could not pardon himself in the Georgia one. However, under legal precedents, he would be able to delay his Georgia election interference trial until after he leaves office, USA Today reported.
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