Tamburino Talks Law: Could President Trump Pardon himself?

The issue of Pres. Trumps ability to pardon himself first came up in 2018 around impeachment. At the time, Pres. Trump asserted he had the right to pardon himself under the 25th amendment. Now the topic resurfacing in the media with observers debating whether a president can pardon themselves. It's a open legal question because it's never been test - no president has actually tried to pardon himself.

So, could President Trump pardon himself for any crimes that he may have committed? Listen to my take in Tamburino Talks Law or read the article below.

There are no definitive legal answers to that question, but I truly believe that the U.S. Constitution does not allow a president to pardon himself.

Let’s look at a few points: the pardon power in the Constitution, a president’s constitutional obligation to faithfully execute laws, and the structure of our government. The pardon power is found under Art. II, Sec. 2 of the Constitution and it clearly gives the president the power to pardon anyone for any federal offenses, but it doesn’t specifically state that he can pardon himself. It doesn’t say that he can’t, but we need to read that section in conjunction with Art. II, Sec. 3 in order for presidential powers to make sense. Art. II, Sec. 3 states that the president must ensure that laws are faithfully executed.

Therefore, the only way to reconcile the pardon power with the obligation to faithfully execute laws is to interpret the Constitution as not allowing a president to pardon himself. Think of it – how can a president faithfully execute laws yet at the same time break those laws and be legally allowed to pardon himself? It just wouldn’t make sense.

Also, the very structure of our government intimates that a president can’t pardon himself. The Constitution set up a federal government of limited powers, i.e., the people give power to the government and not the reverse. The federal government is not all-powerful and must recognize laws, due process and civil rights. Therefore, it would make no sense that a president would be above the law and be allowed to grant himself pardons for his crimes. Only an absolute monarch, a supreme king, has such power, and we don’t have kings in America.

The likely legal outcome if the president did try to pardon himself is the issue would go to the courts and many of the legal arguments I've made would determine he does not have the power to pardon himself.

Comments

Tamburino Talks Law: George Floyd case and how change of venue request will be determined

All four defendants in the George Floyd murder case have asked the court for a change of venue due to negative media attention, and many people are wondering “what is venue” and what does it mean to change venue. Listen here to my full analysis on Tamburino Talks Law or see my article below. Here’s a quick explanation: Venue means where the crime allegedly happened is where the trial will be held. For example, if a liquor store is robbed in Blaine, MN, the robbery trial will happen in Anoka County because Blaine is located in Anoka County. A change of venue is where a court moves the trial from the original county to some other county because the defendant(s) are not likely to receive a fair trial in the original county due to negative pre-trial publicity. Usually the defense will present evidence to the court such as media studies, polling, and affidavits supporting their contention that the potential jury pool in the original county is prejud...

Tamburino Talks Law: Gov. Walz Issues Statewide Mask Order

Click Here to Listen to Tamburino Talks Law: Governor Walz Issues Statewide Mask Order When the new rule goes into effect July 25th, Minnesota will be the latest of about 30 states who've introduced similar mask-wearing requirements. Gov. Walz makes it mandatory that anyone older than 2 years old wear a mask when they enter any building or structure that is open to the public. Such places would include gas stations, stores, coffee shops, public restrooms and schools. Public and private schools and places of higher-learning are expected to open in some form this fall, and anyone entering those places (students, faculty, staff, or visitors) would need to wear a mask as part of the order. The order would also apply to anyone in daycare and after-school centers, which means that a 4 year old child in preschool up to a twenty-something student in college would need to wear masks when they’re at school. While individuals can face a misdemeanor fine of up to $100 or a busine...

Tamburino Talks Law: Could the Minneapolis Debate over Police Funding Hit a Veto Wall?

The death of George Floyd led to calls to dramatically change how public safety is funded in the City of Minneapolis. Now that debate is reaching a new milestone. The Minneapolis City Council and Mayor Jacob Frey are in a budget battle. They're at odds over a series of cuts to the Police Department budget. The cuts are part of a proposal introduced last month by members of the council which takes $7.7 million from the Police Department's budget to fund other public safety programs and initiatives. Frey is actively considering a budget veto due to the permanent cut to officer capacity. Council members can offer amendments to the budget before voting on the plan Wednesday, December 9th. But that won't be the end of this showdown. Here is my take on how this could all play out in Tamburino Talks Law

Tamburino Talks Law

Search This Blog