Is it Constitutional for Trump to just pardon himself preemptively?

[TransitJohn]

Curious about this. It's obvious that he doesn't give a shit about the country, its people, or even his own legacy (he's surely to go down as worst President). I'm just wondering if it is feasible that he just pardons himself to keep his ass out of the slammer.

[dalton99a]

1. Probably

according to legal scholars when the question came up last year

[TransitJohn]

5. I'm of the mind that he could, too

A plain reading of the Constitution seems to indicate so. I am no legal scholar, and know nothing of any jurisprudence relating to this issue.

[Turbineguy]

2. Since when has he started worrying about the Constitution?

[TransitJohn]

6. True, true

Just my own idle speculation.

[MineralMan]

3. I don't believe a President can pardon himself at all.

The precedent is Ford pardoning Nixon. That's how it works. There's not way a conflict of interest like pardoning oneself could possibly stand. Won't happen.

[randome]

4. Ah, but mightn't he try to get away with it in order to stall for time?

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[MineralMan]

9. I doubt it very much.

[TransitJohn]

7. Different than the question I posed. Nixon resigned.

Nixon theoretically could have pardoned himself before resigning, which is analogous to my question.

[MineralMan]

8. Nixon considered doing that, but did not. Theoretical is not actual.

Since Ford was willing to pardon him, he didn't need to test the legality of a self-pardon.

In the case of Trump, I'm sure the same precedent would be followed, with Pence pardoning him.

[TransitJohn]

10. Yeah, I didn't deny any of that

But you are still shoehorning my question into what you want to talk about, so have at it.

[Zambero]

11. Gorsuch is Trump's ace in the hole

Trump can pretty much do whatever he wants and will be upheld 5-4. And since all the precedents for an incoming POTUS have been summarily done away with, why not? Trump must realize that he's in deep doo-doo so he might as well go for it. Golf beats prison.

[rock]

12. I believe you're correct

Also as I understand it, the crime must be a specific instance, meaning have a date and time; not a general crime.

[Gothmog]

13. It is not clear

[FBaggins]

14. That's the wrong question

Presidents are generally immune from prosecution for things they do while in office - so he doesn't need to pardon himself.

And... pardons have nothing to do with impeachments. So the remedy for criminal behavior that does apply to him can't be touched with a pardon.

[struggle4progress]

15. The issue would certainly be litigable, if it arose, with the argument

that an unconstrained power to self-pardon would signify an end to our rule-of-law: can the President, for example, assassinate with impunity political opponents in Congress or judges who rule contrary to the Administration, then pardon self and collaborators for such crimes?