Government,
Constitutional Law
Nov. 30, 2020
Does the Constitution give the president the power to self-pardon?
Commentators are divided on whether a presidential self-pardon is constitutional. The Constitution does not expressly prohibit the use of a self-pardon, so reasonable minds can differ.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The U.S. Constitution, Article II, Section 2, gives the president the power "to grant Reprieves and Pardons for offenses against the United States, except in Cases of Impeachment." The courts have never addressed whether a president has the power to issue a self-pardon, but this is likely to change in the coming days.
President Donald Trump faces a variety of criminal charges after leaving the presidency. Before Jan. 20, Trump will l...
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