Michael S. Schmidt @nytmike
EXCLUSIVE: Trump has suggested to aides he wants to pardon himself in the final days of his presidency, a move that would mark one of the most extraordinary and untested uses of presidential power in American history. w/@maggieNYT
www.nytimes.com/2021/01/07/us/politics/trump-self-pardon.html
Trump Is Said to Have Discussed Pardoning Himself
The discussions occurred in recent weeks, and it was not clear whether he has brought it up since he incited a mob of supporters to attack the Capitol.
President Trump has suggested to aides he wants to pardon himself in the final days of his presidency, according to two people with knowledge of the discussions, a move that would mark one of the most extraordinary and untested uses of presidential power in American history.
In several conversations since Election Day, Mr. Trump has told advisers that he is considering giving himself a pardon and, in other instances, asked whether he should and what the impact would be on him legally and politically, according to the two people. It was not clear whether he has broached the topic since he incited his supporters on Wednesday to storm the Capitol in a mob attack.
Mr. Trump has shown signs that his level of interest in pardoning himself goes beyond idle musings. He has long maintained he has the power to pardon himself and his polling of aides’ views is typically a sign that he is preparing to follow through on his aims. He has also become increasingly convinced that his perceived enemies will use the levers of law enforcement to target him after he leaves office.
Susan Hennessey @Susan_Hennessey
I think this would backfire on Trump. As it stands, there's a vanishing low chance DOJ tries to prosecute a former president. The issues are massively complicated, it would threaten norms, and be a mess. But Trump pardoning himself would itself threaten the rule of law.
The Justice Department might feel compelled to challenge the validity of a self-pardon, in the interest of preserving important principles of accountability. In other words, a self-pardon might be the one thing that forces DOJ's hand to prosecute him.
Of course, it is possible that DOJ would pursue a prosecution even without a pardon. But I think it would require really overwhelming evidence of egregious criminality, beyond anything currently known. With Trump, that's not outside the realm of possibility. But still unlikely.
Of course an innocent man would pardon themselves.