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Updated on December 2, 2020 5:09 pm
- Since his electoral defeat, Donald Trump has been considering whether to apply a privilege of the president to himself and to his closest circle: the right to forgiveness.
- According to a recent New York Times report, Trump spoke to his advisers about such a move.
- The question of whether Trump can forgive himself and those close to him is not an easy one to answer.
Like many other US presidents, Barack Obama used a privilege until shortly before the end of his presidency: The right to forgive people. As recently as January 17, 2017, just three days before the change of power in the White House, Obama pardoned 65 convicts, according to data from the United States Department of Justice.
By comparison, President-elect Donald Trump’s list remains comparatively short. In the last remaining weeks of his term, however, he could expand with a few household names.
As the “New York Times” reported on Tuesday, Trump ended the advisers “precautionary pardons” for her three oldest children Donald Trump Junior, Eric and Ivanka Trump as well as his son-in-law and advisor Jared kushner spoken.
Trump had expressed concern to his advisers that future US President Joe Biden’s Justice Department “Retaliate” could. Biden recently said that, unlike Trump, he would not use the Justice Department to investigate his political opponent. The US media also reported that Trump was speaking with his personal attorney. Rudy giuliani He spoke of his forgiveness.
Is Flynn’s forgiveness just the beginning?
These considerations are far from surprising. In the past, according to a CNN report, Trump had repeatedly asked his advisers if pardons were preemptively possible for him and his family members. Trump had also reflected on it publicly.
Last week, Trump continued with the “Total Sorry” from Former National Security Advisor Michael Flynn a sign – and it caused outrage. The retired general was involved in the issue of Russian influence in the 2016 US presidential election. Flynn pleaded guilty to the investigation.
Observers saw Flynn’s forgiveness as a prelude to other similar steps. Trump enjoys full rights as president until January 20, and there are still some convicts among his allies awaiting his intervention.
Trump allies expect “wave of pardons”
The difference with Obama: Although there were also controversial cases with Trump’s predecessor, the crimes of those pardoned were not directly related to the president or his election campaign.
It is different with Trump. Many now expected “a wave of pardons” before the end of his term.wrote about the “New York Times”. These include, for example, Trump’s 2016 election campaign advisers Rick Gates and George Papadopoulos, who, like Flynn, were also convicted in connection with the Russia investigation. Trump had already released his confidant Roger Stone from prison in July.
And above all, the question looms: could the incumbent president forgive himself and his family as a precautionary measure for crimes under federal law?
Bill Clinton forgave his own brother
As for family members or counselors, the question is easy to answer: yes, there is no legal problem.
On the last day of his term, for example, former President Bill Clinton pardoned both his brother Roger, who had been convicted of cocaine possession, and Marc Rich in 2001. The top Democratic donor had previously fled the country for tax evasion.
It’s harder to answer the question of whether Trump can truly forgive himself, and whether that would protect him from conviction as well. The fact is:
- The Constitution of the United States does not explicitly prohibit self-pardon.
- However, presidential pardons have no effect on trials below the federal level; therefore, Trump can be convicted in any case in one or more of the 50 US states.
Such is a lawsuit against Trump or his Trump Organization financial inconsistencies quite realistic. “A state pardon in New York state court will do you no good,” explains CNN, referring to the one that has been burning for over a year. Dispute over withheld tax returns and deliver the financial records to Manhattan attorney Cyrus Vance.
In any case, Trump’s pardon would have to be recognized as valid by a court if it is applied. Since this has never been legally verified, Ultimately, the Supreme Court would have to decide whether the president can forgive himself. Legal experts disagree on how the Supreme Court would interpret the Constitution, which is vague on this point.
Precedent for the US
Another way could be for Trump to resign and the Handing over power to Vice President Mike Pence in his last days, who in turn could forgive him. Former President Richard Nixon proceeded in exactly the same way after the Watergate affair became known.
Trump could even temporarily leave Pence in power, which is possible under the 25th Amendment. In both cases, however, Pence would be politically burned, especially if he himself intends to run for Republicans in the upcoming presidential election.
A president of the United States has never gone so far as to forgive himself to protect himself from possible conviction. However, the Trump presidency has shown that nothing can be ruled out. The US judiciary is currently investigating a suspected bribe payment for a possible pardon from the US president.
Fonts used:
- With material from the news agencies dpa and AFP
- New York Times: “Trump has discussed with his advisers the forgiveness of his 3 oldest children and Giuliani”
- CNN: “Trump probably can’t forgive himself. He can still try”
- Al Jazeera: “Explainer: Can Donald Trump Forgive Himself?”
- The Reeves Law Group: “Can Trump Just Forgive Himself and His Family Members?”
- Vox: “President Trump says he can forgive himself. I asked 15 experts if that’s legal.”
- US Department of Justice website.
Shortly before the end of Trump’s term and shortly after former security adviser Michael Flynn was pardoned, it emerged that the American judiciary was investigating corruption allegations in connection with possible pardons.
