Nixon's Justice Dept. Didn't Think the President Could Pardon Himself - Said VP, Congress Could

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Walter Shaub? @waltshaub
In 1974, the Justice Department's Office of Legal Counsel (OLC) explained that Nixon could not pardon himself. https://www.justice.gov/file/20856/download …

August 5, 1974

Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.

If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office.

Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the President’s pardoning power because that power does not extend to
the President himself.

read entire memo: https://www.justice.gov/file/20856/download

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[WePurrsevere]

1. Thank you for this...

Your posting this just saved me time and precious energy.

I remember Ford pardoning Nixon and the consensus has previously always been that the president couldn't pardon himself but I couldn't remember what it was based on since the Constitution doesn't specifically address whether he can or not.

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2. .

...

[Gothmog]

3. I do not think that the POTUS can issue himself a pardon

[AngryAmish]

4. Presidents are not judges.

I disagree.

[H2O Man]

5. Recommended.

Nixon was unwilling to pardon others, including the Watergate burglars. Sad when Nixon looks almost decent compared to the current shithead.