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."
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'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.
Create an account with the same email registered to your subscription to unlock access.
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
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.
-
'Good riddance to the televised presidential debate'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Caitlin Clark the No. 1 pick in bullish WNBA Draft
Speed Read As expected, she went to the Indiana Fever
By Peter Weber, The Week US Published
-
Today's political cartoons - April 16, 2024
Cartoons Tuesday's cartoons - sleepyhead, little people, and more
By The Week US Published
-
Sudan on brink of collapse after a year of war
Speed Read 18 million people face famine as the country continues its bloody downward spiral
By Peter Weber, The Week US Published
-
Trump's first criminal trial starts with jury picks
Speed Read The former president faces charges related to hush money payments made to adult film star Stormy Daniels
By Peter Weber, The Week US Published
-
How will Israel respond to Iran's direct attack?
Speed Read Iran’s weekend attack on Israel could escalate into a wider Middle East war
By Peter Weber, The Week US Published
-
US, Israel brace for Iran retaliatory strikes
Speed Read An Iranian attack on Israel is believed to be imminent
By Peter Weber, The Week US Published
-
Congress honors real-life Rosie the Riveters
Speed Read These American women reshaped the work force during World War II
By Peter Weber, The Week US Published
-
Outgunned Ukraine could fall, US general warns
Speed Read Without more US aid, Ukraine is at risk of losing the war
By Peter Weber, The Week US Published
-
House GOP scuttles FISA vote at Trump's urging
Speed Read Right-wing lawmakers blocked Speaker Mike Johnson's surveillance bill
By Rafi Schwartz, The Week US Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published