The American Democracy Minute Radio Report & Podcast for Nov. 10, 2023
Brian is gone today. This is a rebroadcast of Aug. 28, 2023.
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
Last week, we discussed the President’s broad powers and some limitations to issue a pardon. But can a U.S. President pardon him or herself?
Former President Trump tweeted in 2018, “I have the absolute right to PARDON myself,” and he discussed that possibility after the January 6th insurrection, according to the New York Times.
Professor Michael J. Conklin of Texas A&M Law School and Angelo State University examined law review articles on self-pardons and conducted his own survey of 95 law school faculty around the country. He found that while a slight majority of scholars think the answer is “no,” it’s far from definitive.
One legal principle dating back to the 1500s states, “no-one is judge in his own cause.” Some point to the Constitution’s language giving the President authority to pardon ANY citizen, except in cases involving impeachment. Others cite a U.S. Justice Department memo after Watergate which concluded the President cannot self-pardon.
Yet other experts say the Constitution inherently opposes “self dealing.” In U.S. vs. Wilson, Justice John Marshall wrote , “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws . . . One cannot bestow grace upon oneself.”
One thing on which most scholars DO agree: If such a pardon were to occur, it would ultimately be decided upon by the U.S. Supreme Court. We have links to these discussions at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review
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