The DOJ ruled 44 years ago that the president cannot pardon himself
President Trump's "numerous legal scholars" apparently aren't on the same page as the Justice Department.
Trump took to Twitter on Monday to claim his "absolute right" to grant himself a presidential pardon, though he said it would be unnecessary as he has "done nothing wrong." He cited "numerous legal scholars" to back his claim.
However, as Bloomberg reporter Steven Dennis pointed out, that wasn't the case at the end of former President Richard Nixon's time in office. "Under the fundamental rule that no one may be a judge in his own case, the president cannot pardon himself," the Department of Justice declared in 1974. The DOJ spelled it out just four days before Nixon resigned, explaining that the president's pardoning power "does not extend to the president himself."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Trump's claim echoed that of his personal attorney Rudy Giuliani, who also said without evidence that Trump "probably" has the power to pardon himself. When Nixon was facing impeachment, however, the DOJ decided that only Congress would be allowed to grant a president a pardon in certain cases.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Summer Meza has worked at The Week since 2018, serving as a staff writer, a news writer and currently the deputy editor. As a proud news generalist, she edits everything from political punditry and science news to personal finance advice and film reviews. Summer has previously written for Newsweek and the Seattle Post-Intelligencer, covering national politics, transportation and the cannabis industry.
-
Prickly pear juice recipeThe Week Recommends Jewel-toned, natural juice is a thirst-quenching treat
-
The truth about vitamin supplementsThe Explainer UK industry worth £559 million but scientific evidence of health benefits is ‘complicated’
-
Is convenience culture killing community?In The Spotlight A decline in emotional intelligence could be responsible for a diminished sense of belonging
-
Bari Weiss’ ‘60 Minutes’ scandal is about more than one reportIN THE SPOTLIGHT By blocking an approved segment on a controversial prison holding US deportees in El Salvador, the editor-in-chief of CBS News has become the main story
-
CBS pulls ‘60 Minutes’ report on Trump deporteesSpeed Read An investigation into the deportations of Venezuelan migrants to El Salvador’s notorious prison was scrapped
-
Trump administration posts sliver of Epstein filesSpeed Read Many of the Justice Department documents were heavily redacted, though new photos of both Donald Trump and Bill Clinton emerged
-
Trump HHS moves to end care for trans youthSpeed Read The administration is making sweeping proposals that would eliminate gender-affirming care for Americans under age 18
-
Jack Smith tells House of ‘proof’ of Trump’s crimesSpeed Read President Donald Trump ‘engaged in a criminal scheme to overturn the results of the 2020 presidential election,’ hoarded classified documents and ‘repeatedly tried to obstruct justice’
-
House GOP revolt forces vote on ACA subsidiesSpeed Read The new health care bill would lower some costs but not extend expiring Affordable Care Act subsidies
-
Hegseth rejects release of full boat strike footageSpeed Read There are calls to release video of the military killing two survivors of a Sept. 2 missile strike on an alleged drug trafficking boat
-
Trump vows naval blockade of most Venezuelan oilSpeed Read The announcement further escalates pressure on President Nicolás Maduro
