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.
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.
-
Sodium batteries could make electric flight viable
Under the Radar Low-cost fuel cell has higher energy density and produces chemical by-product that could absorb CO2 from the atmosphere
-
Flying into danger
Feature America's air traffic control system is in crisis. Can it be fixed?
-
Pocket change: The demise of the penny
Feature The penny is being phased out as the Treasury plans to halt production by 2026
-
White House tackles fake citations in MAHA report
speed read A federal government public health report spearheaded by Robert F. Kennedy Jr. was rife with false citations
-
Judge blocks push to bar Harvard foreign students
speed read Judge Allison Burroughs sided with Harvard against the Trump administration's attempt to block the admittance of international students
-
Trump's trade war whipsawed by court rulings
Speed Read A series of court rulings over Trump's tariffs renders the future of US trade policy uncertain
-
Elon Musk departs Trump administration
speed read The former DOGE head says he is ending his government work to spend more time on his companies
-
Trump taps ex-personal lawyer for appeals court
speed read The president has nominated Emil Bove, his former criminal defense lawyer, to be a federal judge
-
US trade court nullifies Trump's biggest tariffs
speed read The US Court of International Trade says Trump exceeded his authority in imposing global tariffs
-
Trump pauses all new foreign student visas
speed read The State Department has stopped scheduling interviews with those seeking student visas in preparation for scrutiny of applicants' social media
-
Trump pardons Virginia sheriff convicted of bribery
speed read Former sheriff Scott Jenkins was sentenced to 10 years in prison on federal bribery and fraud charges