Can Donald Trump Pardon His Son and Son-in-Law if They Are Charged with a Crime?
Can Donald Trump Pardon His Son and Son-in-Law if They Are Charged with a Crime?
Questions surrounding the issue of whether former President Donald Trump can pardon his son or son-in-law if they face criminal charges have become a significant point of debate. This article aims to clarify the current legal landscape and historical precedents related to presidential pardons.
The Legal Status of Presidential Pardons
As a former president, Donald Trump no longer holds the power to grant pardons. The Constitution grants the power of pardon to the president only during his term of office. Specifically, Article II, Section 2, of the U.S. Constitution states that the president 'shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.' This means that the pardon power only applies to federal crimes and cannot be exercised after the president leaves office.
Historical Context
There are examples where past presidents have exercised their pardon power even before any charges were filed. For instance, Gerald Ford pardoned Richard Nixon for any crimes that he may have committed while in office, despite Nixon not being charged at the time. This act set a precedent and demonstrated that a president can grant a pardon before a conviction or charge is made.
Current Legal and Political Landscape
With the recent decision by the Supreme Court regarding federal crimes potentially being recharged as state crimes, the legal landscape is becoming more complex. However, it is important to note that any recharging of federal crimes as state crimes would still be subject to the president's pardon power as long as the crime is a federal offense.
The New York Attorney General and the Manhattan District Attorney are highly likely to bring charges against Trump's children. Given the nature of their current and potential involvement in various business dealings and activities, these charges could range from economic crimes to regulatory violations. The power dynamics and potential legal challenges from these charges make the question of pardon even more relevant.
Impeachment and the Pardon Power
Another aspect to consider is the impact of impeachment on the pardon power. While some argue that once a president is impeached, he cannot pardon anyone, this is not definitively settled. The Constitution does not explicitly state that the pardon power is suspended in the case of impeachment. In fact, it only restricts pardons in cases of impeachment if the Senate convicts the president. Thus, to the extent that a conviction is not yet established, the president can potentially still exercise his pardon power.
However, given the political climate and the scrutiny surrounding any action taken by a pardoned individual, it would be politically risky for Trump to attempt such a pardon. The public and political opposition to such a move would likely result in significant backlash.
Conclusion
Based on the current legal framework and historical precedents, Donald Trump no longer has the authority to grant pardons. However, he could theoretically have pardoned his children during his term if they were charged with federal crimes. The potential for charges brought by state authorities complicates matters, as any recharging of federal crimes would still be subject to the pardon power. Additionally, the political and legal challenges inherent in the current political climate could make the exercise of this power highly untenable.