The Atlantic

Can Trump Pardon Himself?

He can certainly try it—but that doesn’t mean he’d succeed.
Source: Jim Young / Reuters

On June 4, President Donald Trump tweeted, “As has been stated by numerous legal scholars, I have the absolute right to PARDON myself, but why would I do that when I have done nothing wrong?”

Trump is not the first president to consider a self-pardon. On August 1, 1974, Vice President Gerald Ford met with Alexander Haig, an aide to Richard Nixon, who raised the possibility that the president might: invoke Section 3 of the Twenty-Fifth Amendment if impeached by the House and step aside temporarily on the grounds that he was “unable to discharge the powers and duties of his office,” then reassume office if the Senate failed to remove him; “plea-bargain” with Congress for censure instead of removal; pardon the other Watergate defendants and himself, then resign.

Or Nixon might resign and Ford might pardon him. In his 2009 book, The Presidential Pardon Power, the political scientist Jeffrey Crouch suggested that the point of the meeting was for Haig to let Ford know that, as president, he would have the power to pardon Nixon before indictment or trial.

Four days later, the Justice Department produced a memo arguing for all federal crimes committed during his presidency.

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic3 min readDiscrimination & Race Relations
The Legacy of Charles V. Hamilton and Black Power
This is an edition of Time-Travel Thursdays, a journey through The Atlantic’s archives to contextualize the present and surface delightful treasures. Sign up here. This week, The New York Times published news of the death of Charles V. Hamilton, the
The Atlantic6 min read
The Happy Way to Drop Your Grievances
Want to stay current with Arthur’s writing? Sign up to get an email every time a new column comes out. In 15th-century Germany, there was an expression for a chronic complainer: Greiner, Zanner, which can be translated as “whiner-grumbler.” It was no
The Atlantic5 min readSocial History
The Pro-life Movement’s Not-So-Secret Plan for Trump
Sign up for The Decision, a newsletter featuring our 2024 election coverage. Donald Trump has made no secret of the fact that he regards his party’s position on reproductive rights as a political liability. He blamed the “abortion issue” for his part

Related Books & Audiobooks