US election: is there any limit to who Donald Trump can pardon before leaving White House?
President grants clemency to former national security adviser Michael Flynn
Donald Trump has pardoned his former national security adviser for lying to the FBI during Special Counsel Robert Mueller’s investigation into Russian meddling in the 2016 election.
In a tweet yesterday, the president said that “it is my Great Honor to announce that General Michael T Flynn has been granted a Full Pardon”. Flynn was forced to resign after just 24 days in the White House when it emerged that he had deceived the White House about a meeting with Russian ambassador Sergey Kislyak before Trump took office.
“A trusted Trump surrogate on the campaign trail”, Flynn subsequently admitted to having had contact with Kislyak before later attempting to retract his confession, The Guardian reports.
Subscribe to 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 has already granted clemency to his long-time ally Roger Stone, who was sentenced to more than three years in prison after being found guilty of obstruction, lying to Congress and witness intimidation during the Mueller investigation.
Flynn, meantime, “had not been sentenced”, but his presidential pardon has “prompted widespread criticism”, says the newspaper. But regardless of such opposition, Trump is expected to offer pardons to a number of key aides before he leaves office in January.
As Reuters reports, “a pardon is not reviewable by other branches of government and the president does not have to give a reason for issuing one” - meaning that Trump could in theory issue them to anyone he chooses in the final days of the presidency.
A presidential pardon ���wipes out a criminal conviction”, but is not absolute and only applies to federal crimes, the news agency continues. So Trump could not issue a pardon to protect “associates from the criminal investigation being conducted by Manhattan District Attorney Cyrus Vance, a state prosecutor”.
Vance is currently pursuing an investigation into allegations of “hush money” payments made by ex-Trump lawyer Michael Cohen to two women, an adult-film star and a former Playboy model, who claim they had sexual encounters with the US leader.
Contrary to popular belief, Trump also cannot pardon himself.
“Most lawyers believe that the Supreme Court - even a conservative one - would never let a president pardon himself,” ITV News says. “That would be an admission that one man is above the law - the president. And America fought a revolutionary war against that concept.”
However, if the long arm of the law was getting a little too close for comfort, Trump could resign from the Oval Office and get Vice President Mike Pence - who would replace him as president - to issue a pardon for him.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joe Evans is the world news editor at TheWeek.co.uk. He joined the team in 2019 and held roles including deputy news editor and acting news editor before moving into his current position in early 2021. He is a regular panellist on The Week Unwrapped podcast, discussing politics and foreign affairs.
Before joining The Week, he worked as a freelance journalist covering the UK and Ireland for German newspapers and magazines. A series of features on Brexit and the Irish border got him nominated for the Hostwriter Prize in 2019. Prior to settling down in London, he lived and worked in Cambodia, where he ran communications for a non-governmental organisation and worked as a journalist covering Southeast Asia. He has a master’s degree in journalism from City, University of London, and before that studied English Literature at the University of Manchester.
-
'Election Day. Finally.'
Today's Newspapers A roundup of the headlines from the US front pages
By The Week Staff Published
-
Incendiary device plot: Russia's 'rehearsals' for attacks on transatlantic flights
The Explainer Security officials warn of widespread Moscow-backed 'sabotage campaign' in retaliation for continued Western support for Ukraine
By The Week UK Published
-
Outer Hebrides: a top travel destination
The Week Recommends Discover 'unspoiled beauty' of the Western Isles
By Tess Foley-Cox Published
-
FBI: US violent crime falls again, hits pre-Covid levels
Speed Read A wide-ranging report found that violent crime dropped 3% in the last year, while murder dropped 11.6%
By Peter Weber, The Week US Published
-
Judge rejects Trump bid to make NY case federal
Speed Read Judge Alvin Hellerstein refused Trump's motion to transfer his criminal case to federal court
By Peter Weber, The Week US Published
-
Trump ally Bannon reports to prison
Speed Read He will serve a four-month sentence for contempt of Congress
By Rafi Schwartz, The Week US Published
-
Trump won't testify as trial enters final phase
Speed Read Despite his public insistence on testifying, Trump's defense team called two witnesses, "neither of them the former president"
By Rafi Schwartz, The Week US Published
-
Trump hush money trial: what has the jury heard?
Today's Big Question Former loyal fixer Michael Cohen proves star witness for prosecution, but Stormy Daniels's graphic testimony could offer grounds for appeal
By Harriet Marsden, The Week UK Published
-
New York prosecutors lay out case against Trump
Speed Read The former president's first criminal trial started in earnest Monday
By Peter Weber, The Week US Published
-
Trump criminal trial starts with rulings, reminder
Speed Read The first day of his historic trial over hush money payments was mostly focused on jury selection
By Rafi Schwartz, The Week US Published
-
Mobsters jailed by Giuliani are 'thrilled' with his RICO prosecution. Former fans are sad.
Speed Read
By Peter Weber Published