In a notable throwback to June 4th, 2018, former President Donald Trump asserted his right to pardon himself in a tweet. Fast forward to the present, Trump faces federal charges and is a convicted felon in New York. If re-elected in November, he could potentially pardon himself and undo sentences for January 6th defendants, as he has indicated.
Constitutional law scholar Kim Whaley, in her book 'Pardon Power,' sheds light on the implications of presidential pardon authority. Whaley, a former assistant U.S. attorney, discusses the potential scenarios surrounding Trump's ability to pardon himself and others.
While Trump has not been convicted on federal charges yet, the possibility of self-pardon remains a topic of debate. With a Supreme Court perceived as pro-Trump and past rulings on presidential immunity, the need for a pardon may be circumvented.
Regarding President Biden's son, Hunter Biden, who has faced legal issues, there is speculation about potential pardons. Biden has previously stated he would not pardon or commute his son's sentences, but the dynamics of presidential pardons can lead to last-minute decisions.
Trump's remarks about pardoning January 6th defendants have raised concerns about political violence and misuse of the pardon power. Whaley emphasizes that the pardon power historically serves as a mechanism for mercy in flawed justice systems, not as a tool for corruption or silencing witnesses.
Whaley also addresses the checks on the president's pardon power, noting that while there are limitations set by Supreme Court cases, further actions could be taken to regulate the process, such as transparency requirements and a pardon commission.
The book 'Pardon Power' delves into the complexities of presidential pardons and the need for accountability in exercising this authority. Whaley's insights provide a critical perspective on the implications of pardons in the current political landscape.
