Politics - News Analysis
Trump Shares Tweet Saying He Should Pardon Himself and the Rest of His Administration
Now that President Trump has pardoned former National Security Adviser Michael Flynn, who pleaded guilty twice to lying to the FBI, he’s apparently wondering if he can pardon himself. He even retweeted Rep. Matt Gaetz’s call for him to “wield the presidential pardon effectively and robustly” — even to the point of pardoning himself.
One could arguably call Trump the “Twitter President” because that’s where he makes most of his announcements, and that’s what he did when he announced Flynn’s “Full Pardon.”
It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!
— Donald J. Trump (@realDonaldTrump) November 25, 2020
And he couldn’t resist retweeting Gaetz’s tweet, which features the Republican congressman (Fla.) in an appearance on Fox News suggesting Trump should use his presidential powers to pardon himself, Newsweek reports.
President Trump should pardon Flynn, the Thanksgiving turkey, and everyone from himself, to his admin, to Joe Exotic if he has to.
The Left has a bloodlust that will only be quenched if they come for those who fought with @realDonaldTrump to deliver for the American people. pic.twitter.com/wdTfu3Xwmp
— Rep. Matt Gaetz (@RepMattGaetz) November 25, 2020
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But as I wrote Wednesday, it’s not going to be so easy for Trump to pardon himself.
Trump faces a litany of lawsuits and criminal investigations when he leaves office, something that as president, he was protected from, and there have been suggestions that he could preemptively pardon himself against federal crimes before he leaves office.
But there’s really no precedent for this and it’s unclear if he can even do this.
In an earlier interview, Newsweek asked Brian Kalt, a constitutional law professor at Michigan State University his thoughts regarding this.
“My standard answer here is ‘Well, he can try.’ If I were the judge I would say no, but there have never been any cases and there are arguments on both sides.”
Jeffrey Crouch, assistant professor of American politics at American University and the author of The Presidential Pardon Power, told Newsweek he believes Trump can pardon himself, although it’s something no president has ever tried to do.
“No American president, including Richard Nixon, has ever attempted to pardon himself.” Nixon’s successor, Gerald Ford pardoned him instead.
“Legal scholars are split between those who believe he could pardon himself — I am in that camp, although I don’t think he should do so even if he can — and Brian Kalt and others who argue that he cannot because it would allow Trump to be a judge in his own case, or be inconsistent with his other constitutional responsibilities.”
But even though there are arguments about this on both sides, it’s very clear voters aren’t on board with the idea, at least according to recent polls. In NBC LX/YouGov poll conducted November 22 asked respondents: “In your opinion, should sitting U.S. presidents be allowed to pardon themselves?”
Nearly three-quarters (72 percent) of those asked weren’t on board with this, while 13 percent said a president should be allowed to do so.
Trump has done so much to the American people that the thought of this is painful to me. I’m hoping the answer to this legal question as to whether he can pardon himself is a resounding “No!”
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