Keith Mack
There has been much debate over former US President Donald Trump's use of his presidential pardon power, with many questioning whether he could pardon himself. While Trump can pardon aides and relatives, the question of self-pardon is an unresolved constitutional issue. There is no explicit limitation in the Constitution, except in Cases of Impeachment, and legal scholars disagree on whether Trump could pardon himself. Some argue that it would be a disastrous move, accelerating impeachment and galvanizing the anti-Trump movement. Others claim there is no legal mechanism to stop him. The majority of Trump's pardons were granted to people with personal or political connections to him, bypassing the Office of the Pardon Attorney, which has caused concern among legal experts.
| Characteristics | Values |
|---|---|
| Can Trump pardon himself? | There is no precedent for a president to pardon himself. Legal experts and professors are divided on the issue. Some say it would lead to a constitutional crisis, while others say there is nothing to stop him from doing so. |
| Can Trump pardon others? | Trump can pardon aides and relatives. The president can only grant pardons for federal offenses. |
| Can pardons be reversed? | No, pardons are final and irrevocable. There is no constitutional mechanism for overturning pardons. |
| Do pardons require a signature? | No, there is no specification that a pardon must be in writing. |
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What You'll Learn
Can Trump pardon himself?
The question of whether or not Trump can pardon himself has been a subject of debate, with the 45th President himself claiming that he has the "absolute right" to do so. This assertion was made in a tweet on June 4, 2018, and set off a firestorm of legal debate on the constitutionality of presidential self-pardons.
The text and spirit of the Constitution, along with legal principles established in Anglo-American law, suggest that a president cannot pardon himself. This principle is based on the long-standing rule that no person may be a judge in their own case. The Department of Justice (DOJ) has also opined that a president may not pardon himself, although this opinion is not binding in the courts. However, the reasoning behind this opinion is compelling and centres on the same principle that no one should judge their own case. If a president were to issue a self-pardon, it could be challenged in court as an abuse of the Constitution and a violation of the pardon power.
The Supreme Court's 2024 holding in Trump v. United States further complicates the matter. The Court ruled that the pardon power is a "core power" of the chief executive and that the president enjoys "absolute immunity" from criminal prosecution when exercising this power. This ruling has emboldened Trump to abuse pardons during his second term, granting them to insurrectionist rioters and financial swindlers with little to no public outcry or criticism from his party.
The debate over presidential self-pardons remains unresolved, and it is unclear if Trump will attempt to pardon himself during his second term. However, the implications of such an action could be far-reaching and have a significant impact on the presidency and the rule of law in the United States.
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Trump's pardons for Jan. 6, 2021, defendants
On his first day in office, President Trump issued a mass pardon to over 1500 people charged in the January 6, 2021, insurrection at the U.S. Capitol. This blanket pardon has been criticised for letting insurrectionists off scot-free, while the American taxpayers are left with a bill of $2.7 billion to fix the damage caused by the attack.
The pardon has been described as "reckless" by Ranking Member Connolly, who also pointed out that convicted rioters are no longer required to pay their court-ordered restitutions. This is significant because restitution was one of the most common sentences handed down to January 6 insurrectionists, and taxpayers were already struggling to recoup their losses.
In addition to the financial implications, there are also legal complexities surrounding Trump's pardons for the January 6 defendants. In April 2025, a federal appeals court rejected the Justice Department's argument that Trump's pardon was broad enough to cover unrelated crimes discovered during the investigation of the Capitol riot. The court's ruling specified that the pardon's "plain terms" only included crimes directly connected to the attack on the Capitol. This interpretation has been supported by legal experts, who have emphasised the finality and irrevocability of pardons, regardless of whether they are signed by hand or by autopen.
Trump's pardons for the January 6 defendants have sparked further controversy, given his history of granting clemency to well-connected offenders who did not meet the requirements of the Office of the Pardon Attorney (OPA). Legal experts have raised concerns about Trump's reliance on personal connections rather than the Justice Department's established review process for finding convicts deserving of clemency.
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Trump's bypassing of the OPA
During his tenure as the 45th president of the United States, Donald Trump granted clemency to 237 individuals, all of whom were charged or convicted of federal criminal offenses. The US president's power to grant clemency arises from Article II of the US Constitution, and it may take several forms, including pardon, commutation of sentence, remission of fine or restitution, and reprieve.
Trump frequently bypassed the Department of Justice's Office of the Pardon Attorney (OPA), which is the key adviser to the president on clemency and normally reviews all requests for pardons. Only 25 out of the 237 grants of clemency by Trump came through the OPA's process, while the majority of his grants went to well-connected offenders who had not filed petitions with the pardon office or did not meet its requirements. This ad hoc process at the Trump White House benefited applicants with money or connections to Trump allies, friends, and family members.
Legal experts raised concerns that Trump was "relying on his personal connections rather than the Justice Department's established review process for finding convicts deserving of clemency." In response to the criticism, Trump asserted that he is the "chief law enforcement officer of the country." However, it is worth noting that Trump granted fewer clemencies than many modern presidents during his first term.
The issue of Trump's bypassing of the OPA is significant because it undermines the established review process for granting clemency and raises concerns about the potential influence of personal connections and political goals in pardon decisions. It is important for the process to be transparent and fair, ensuring that pardons are granted based on merit and not solely on an individual's connections or ability to pay.
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Pardoning relatives and aides
The President of the United States is the only one with the authority to grant pardons, according to Article II, Section 2, Clause 1 of the Constitution. The pardon power extends to all federal criminal offences, except in cases of impeachment, and includes various forms of clemency, such as commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of punishment, and providing amnesty.
While there is no explicit constitutional restriction on the President's ability to pardon relatives and aides, there are concerns about the ethical implications of doing so. During his presidency, Donald Trump faced criticism for his extensive use of pardons for individuals with personal or political connections to him. Of the 237 grants of clemency by Trump, only 25 came through the Office of the Pardon Attorney's process. The majority of his pardons were granted to "well-connected offenders" who had not followed the standard petition process or met the requirements.
Trump's pardoning of his former National Security Advisor, retired General Michael Flynn, and 26 friends and allies, including his longtime ally Roger Stone and former campaign chairman Paul Manafort, sparked controversy. Legal experts and scholars raised concerns about the potential abuse of power, as Trump appeared to prioritise personal connections over the established review process for finding convicts deserving of clemency.
It is worth noting that pardons are typically granted in recognition of the applicant's acceptance of responsibility for their crimes and established good conduct. They do not signify innocence but restore civil rights and remove statutory disabilities associated with a criminal conviction.
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Pardoning and impeachment
The President of the United States has the power to grant reprieves and pardons for federal offences, except in cases of impeachment. This power is considered "plenary" and cannot generally be restricted or modified by Congress or the judiciary. The pardon power is one of the most extensive powers bestowed on the president by the Constitution, and it has historical roots in early English law. The president can grant full pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites, and amnesties. A pardon is an official forgiveness for an acknowledged crime, and it waives all further punishment for that crime.
The question of whether a president can pardon themselves has been widely debated, with no clear conclusion. Some legal scholars, such as Brian Kalt, argue that the president does not have the power to self-pardon, as it would be against the intent of the Framers and the Constitution. However, others, such as Judge Richard Posner, argue that the broad constitutional language implies that the president can pardon themselves. The issue of self-pardon was reportedly considered by President Nixon, but he ultimately declined to do so.
The relationship between pardoning and impeachment has been a topic of discussion, particularly in the context of former President Donald Trump. Trump granted executive clemency to 237 individuals during his first term, most of whom had personal or political connections to him. Legal experts raised concerns about Trump's reliance on personal connections rather than the established review process for finding convicts deserving of clemency. Trump's pardons and the process by which they were granted have been criticised, with some arguing that they should be reversed. However, legal scholars generally agree that there is no constitutional mechanism for overturning pardons, and that once a pardon is granted, it is final and irrevocable.
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Frequently asked questions
It is unclear whether Trump can pardon himself. While there is no explicit limitation in the Constitution, legal scholars argue that it would be unconstitutional, setting a dangerous precedent and leading to a constitutional crisis.
Yes, Trump can pardon a constitutional law professor as long as the professor has committed a federal offense and is not involved in a case of impeachment.
No, pardons are final and irrevocable. There is no constitutional mechanism for overturning them.
