Can the president pardon himself in case someone actually does investigate further?
Discussion
I don't think Article II, Section 2 is clear here. But I highly doubt he'd be in office anymore once things "come to light"
It seems inefficient for Biden to limit the pardon period to only January 1, 2014 through December 1, 2024.
If this blanke-pardon-strategy works, it would be cleaner to just say “before December 1, 2024” and allow it to cover all potential wrongdoing since birth.
It has never been tested in court.
But historical the question came into spotlight when President Richard Nixon considered a self-pardon during the Watergate scandal. His legal team reportedly concluded that he could pardon himself, but the matter became moot when he resigned, and his successor, Gerald Ford, pardoned him instead. Also President Donald Trump faced questions about self-pardons, but no definitive action or legal challenge occurred.
I would say that while the Constitution does not explicitly prohibit a self-pardon, significant legal and ethical questions surround the issue on a case by case situation. Until a president attempts it and the courts rule on its validity, the matter remains uncertain. 🤷♀️
Interesting and thanks! I didn't know that part of the Watergate story yet.
"Ethics" came up a few times today while I was debating this topic with GPT which insisted on going around legal questions to divert to ethics. There is no ethical grounds when it comes to law but it appears that the presidents power to pardon is very unchecked. Basically it's an absolute super power.