Trump Cannot Pardon Himself
As the Russia investigation, as led by Robert Mueller, picks up ever increasing steam, the stress it places on President Trump has continuously increased. Recently, Trump and members of his staff have begun to research the power of the pardon that the office of the president holds. Trump is reportedly considering pardoning himself. He cannot do this. The power of the pardon may be broad, but no person in this country is above the law.
When a officeholder that maintains the power of the pardon uses it on an individual, they excuse them of all crimes that may have been committed. The use of such a power on oneself is unprecedented in American history. Nixon was not pardoned until he stepped down and Gerald Ford assumed power. This was a clear misuse of power, but it was not as much of a misuse of power had Nixon pardoned himself. Nixon clearly violated the law, he stepped down and did not face criminal charges because his successor excused him of them.
When a officeholder that maintains the power of the pardon uses it on an individual, they excuse them of all crimes that may have been committed. The use of such a power on oneself is unprecedented in American history. Nixon was not pardoned until he stepped down and Gerald Ford assumed power. This was a clear misuse of power, but it was not as much of a misuse of power had Nixon pardoned himself. Nixon clearly violated the law, he stepped down and did not face criminal charges because his successor excused him of them.
In a representative democracy such as ours, the power that politicians hold comes from the people they represent. In effect, the politicians themselves are beholden to all the rules, laws, and regulations and the consequences they hold that any individual in society would be subjected to. If a sitting president were to pardon themselves, they would place themselves above those that they exist to represent. They would make the claim that the power they wield in their political office comes from themselves, and not the people that elected them.
The gross misuse of power that a president pardoning themselves represents would constitute as a challenge to our democratic system and the American Constitution. If Trump were to follow through with this, he would be proclaiming that he is not truly a president, but a untouchable tyrant. The United States established itself to prevent that sort of behavior from our political leaders.
While the presidential power concerning the pardon may be broad, broad enough that Gerald Ford could pardon Nixon and that Trump could likely pardon his children and staff, it is not broad enough to allow Trump to pardon himself. The President of the United States is not above the law.
While the presidential power concerning the pardon may be broad, broad enough that Gerald Ford could pardon Nixon and that Trump could likely pardon his children and staff, it is not broad enough to allow Trump to pardon himself. The President of the United States is not above the law.