Could Donald Trump pardon himself as president? Ask the Lawyer

Q: We are living in a unique time. The person who may be our next president could be convicted of a federal crime. If former President Donald Trump wins the White House again, can he pardon himself?

B.C., Rancho Palos Verdes

A: There is a basic rule, or at least a saying, that “no one may be a judge in his own case.” This was set forth in an August 1974 opinion of the Office of Legal Counsel, issued not long before then-President Richard Nixon resigned.

The Legal Counsel opinion, however, suggests that the president could step down under the 25th Amendment, after which the vice president would become president, grant him a pardon, and the president could then resume the presidency. That is a scenario that may make heads spin.

Bottom line, the notion of a self-pardon seems illogical. Yet, there is no specific language as to who can be pardoned. So, I think we are going to have to wait and see just who is our next president, and what happens between now and then.

Q: Is the president’s pardon authority unlimited?

A.C., Santa Monica

A: Our Constitution establishes the president’s authority to grant clemency, which includes not only pardons, but also other kinds of relief from criminal punishment (such as commuting or reducing a sentence). While the president’s clemency authority is broad, there are at least two limits: It applies only to “offenses against the United States,” which means that state criminal offenses, and federal or state civil claims are not covered; and, the president’s clemency authority cannot be used “in cases of impeachment.”

Q: Can Trump be disqualified from running for president?

G.R., Seal Beach

A: The argument that Trump should be disqualified from the presidency cites Section 3 of the 14th Amendment to the United States Constitution, which bars a government official from holding office if he or she has “engaged in insurrection or rebellion.” A lawsuit is pending in this regard in Colorado to keep Trump off the presidential ballot there, and it is not unlikely more such suits will follow in other states. Let’s see how it all plays out.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator.  It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.