Can Donald Trump pardon himself?
The US president claims he has an ‘absolute right’, but some lawyers and scholars disagree

Donald Trump prompted intense debate among legal experts earlier this summer by insisting he could pardon himself, something no US president has ever done.
“As has been stated by numerous legal scholars, I have the absolute right to pardon myself, but why would I do that when I have done nothing wrong?” he tweeted in June. “In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!”
But now, with Trump’s former campaign chairman Paul Manafort and former personal lawyer Michael Cohen facing prison, the president’s power to pardon is getting renewed attention.
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.
Why would Trump pardon himself?
In theory at least, Trump could pardon Cohen and Manafort in an attempt to avoid the pair “seeking to offer incriminating evidence on Trump in an effort to get a lesser sentence”, says the Washington Post’s Erik Larson.
But in court, Cohen admitted he broke campaign finance rules by organising for two women to be kept quiet and said that he did so “in co-ordination with and at the direction of a candidate for federal office” - Trump. “That makes Trump an unindicted co-conspirator, a phrase most often associated with President Richard Nixon during Watergate,” says Time magazine.
While constitutional experts disagree on whether a sitting president can be indicted, there’s “nothing that would prevent Trump from being charged after he left office”, adds the magazine.
So while Trump “could pardon Manafort, Michael Cohen, Donald Trump Jr, Jared Kushner, and really anyone he wants”, should he be indicted, it’s “less clear whether he can pardon himself”, says Vox.
Could he do it?
Presidents “definitely can’t use the pardon power to impede impeachment proceedings against themselves or any other officials”, adds Vox.
But there’s disagreement among legal experts about whether the president can use a pardon to defend himself against future prosecution upon leaving office.
Counting against the President is a US Supreme Court case from a century ago, Burdick v United States, which makes clear that acceptance of a pardon is a legal admission of guilt.
If Trump “went down the self-pardon path out of contempt for special counsel Robert S. Mueller III’s investigation, he could paint himself into a dangerous corner”, says Ken Gormley author of Presidents and the Constitution: A Living History. “He’d admit being guilty of serious crimes that match the classic definition of an impeachable offense.”
It’s for this reason that Trump’s current lawyer, former New York mayor Rudy Giuliani, said while the President “probably” could pardon himself it “would be unthinkable” and would probably lead to attempts to remove him from office.
In fact, “the weight of opinion appears to be with Giuliani - he can, but he shouldn't”, says CBS News.
Ultimately though, “the bottom line is that there is no valid answer to the question, ‘Can Trump pardon himself?’” says Michigan State law professor Brian Kalt.
“For every person who confidently asserts that he can do it, there is another person asserting just as confidently that he can’t,” Kalt said. Unless Trump pulls the trigger, he added, experts can only speculate what the courts would do to interpret presidential pardoning power.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
How will the new tax deductions on auto loans work?
the explainer Trump's One Big Beautiful Bill Act introduced a tax deduction on auto loan interest — but eligibility for the tax break is limited
-
Is Trump actually going to prosecute Obama for 'treason'?
Today's Big Question Or is this just a distraction from the Jeffrey Epstein scandal?
-
5 best movie sequels of all time
The Week Recommends The second time is only sometimes as good as the first
-
Is Trump actually going to prosecute Obama for 'treason'?
Today's Big Question Or is this just a distraction from the Jeffrey Epstein scandal?
-
'Spending is what card issuers are hoping you will do'
Instant Opinion Opinion, comment and editorials of the day
-
Trump executive order targets homeless
Speed Read It will now be easier for states and cities to remove homeless people from the streets
-
Florida judge and DOJ make Epstein trouble for Trump
Speed Read The Trump administration's request to release grand jury transcripts from the Epstein investigation was denied
-
Trump attacks Obama as Epstein furor mounts
Speed Read The Trump administration accused the Obama administration of 'treasonous' behavior during the 2016 election
-
Deportations: The growing backlash
Feature New poll numbers show declining support for Trump's deportation crackdown
-
Is Stephen Colbert's 'Late Show' cancellation an omen of something worse?
TODAY'S BIG QUESTION CBS said its decision to end the talk show was strictly business. But the timing and nature of the announcement has some observers wondering if there's more at play behind the scenes.
-
Citizenship: Trump order blocked again
Feature After the Supreme Court restricted nationwide injunctions, a federal judge turned to a class action suit to block Trump's order to end birthright citizenship