As reports swirl that Donald Trump is considering multiple pardons before leaving office, speculation is that one of those pardons would be for Trump himself. Whether such a pardon would stand is up for debate.
Constitutional Law Professor Laurence Tribe tells MSNBC’s Lawrence O’Donnell that if Trump tried to pardon himself, it would not hold up in court: “If that were the case, then the president would not be below the law, he’d be above it.”
Everybody agrees a pardon can’t cover crimes not yet committed. But if presidents knew they could pardon themselves any time before leaving office, the effect would be identical: no worries about criminal exposure for whatever they choose to do while in office, including murder.
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) December 4, 2020
Tribe writes, “It’s time to end the uncertainty. Even a Trump-packed Supreme Court couldn’t disagree without reversing the American Revolution.”
If someone asked you:
“Can a president pardon himself on day 1 of his presidency so as to immunize whatever crimes he commits during his term?,” you’d say NO WAY.So would James Madison.
But a power of self-pardon would confer exactly the same license to live above the law.
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) December 3, 2020
Watch what else Tribe said above.
