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…
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