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Donald Trump’s final days in office could be used to grant himself a pardon, an act no other sitting president has ever attempted, but one that Trump himself has previously said he has “the absolute right” to perform.
The American leader faces accusations of tax fraud, obstruction of justice and falsification of business records, but is given broad powers under Article II of the United States Constitution to show mercy with little or no explanation or justification.
And he knows it. He said this in 2017 when referring to special counsel Robert Mueller’s investigation into Russian interference in the 2016 elections.
“While everyone agrees that the President of the USA has the full power to forgive, why think about that when so far only crime is LEAKS against us?”
A year later, he again hinted at the wide range of clemency powers available to him should he need them.
“As numerous jurists have stated, I have the absolute right to FORGIVE ME, but why would I do that when I have done nothing wrong?” he wrote.
“Meanwhile, the never-ending Witch Hunt, led by 13 very angry and conflicting Democrats (and others) continues in the intervening periods!”
So what exactly do the powers provide? They give a sitting president the virtually unlimited authority to pardon any federal crime.
The powers were designed to offer the occupant of the White House the ability to do good, to overturn convictions when they were deemed to have been unfair or unreasonable.
They are, fundamentally, indisputable. The president does not need to provide a reason for issuing a pardon and the decision is final.
A pardon nullifies a criminal conviction, but the president can also grant a pardon, which leaves the sentence intact but removes the punishment, which essentially frees the prisoners.
The language of the United States Constitution is vague and does not answer the question of self-forgiveness. Experts say it’s entirely possible, but it may take an extraordinary step and a third party willing to sacrifice themselves and their legacy in the process.
As Reuters reported, a clemency “only applies to federal crimes (and) would not protect, for example, Trump associates from the criminal investigation being conducted by Manhattan District Attorney Cyrus Vance, a state attorney.” .
The Vance investigation began more than two years ago after Trump’s attorney, Michael Cohen, allegedly paid money for silence before the 2016 election to two women, including an adult film star and a former Playboy model.
Reuters reported that the two women claimed to have had sexual encounters with Trump. The president has denied that they ever occurred and claimed that the action was politically motivated.
The Washington-based political news website The Hill reported that the allegations within the Mueller investigation could include federal charges to which Trump was immune while serving as president. But they could return once a new administration takes over.
The Hill has reported that Trump could grant clemency to other people allegedly involved in crimes as part of his time in the White House, including former campaign manager Paul Manafort, former national security adviser Michael Flynn and his friend and adviser Roger Stone.
Doing so would not be particularly unusual. Each of the past four presidents, with the exception of Barack Obama, “abused clemency for personal reasons during his final months in office,” according to The Hill report.
Experts are divided on whether Trump would try to forgive himself.
Brian Kalt, professor of constitutional law at Michigan State University, said: “When people ask me if a president can forgive himself, my answer is always, ‘Well, you can try.’ … The Constitution doesn’t provide a clear answer on this. “
Corey Brettschneider, a professor of political science at Brown University, said there is one more option available to Trump if he wants to avoid self-forgiveness.
He could activate a clause within the 25th Amendment to the United States Constitution by temporarily resigning the presidency.
That would leave Vice President Mike Pence with the executive branch to pardon Trump. And Trump could then go back to office.
But it’s a great question. Maybe too big.
“I don’t think Pence wants that to define his legacy,” Brettschneider told Reuters.
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