A sitting president's ability to pardon himself is a contentious legal issue, as the Constitution does not explicitly address self-pardons. While some legal experts argue it could be possible, others believe it would violate the principle that no one can be a judge in their own case, making the legality unclear. 1
In my last blog, I addressed Hunter Biden's father, Joe Biden's, pardoning of him. Upon rereading this blog a few times, I realized I had left out an important part of this delve into the pardoning process. The question arises that Hunter Biden's pardon may not be enough to shield his father, Joe, from indictment by the Trump Justice Department. Selling access to foreign nations for a price deserves a closer look. First, let's look at what the Founding Fathers thought about the pardoning process.
Interpreting the pardoning clause of the Constitution requires a review of its history and text. In reviews of legislative history several cited, among other sources, the Records of the Federal Convention of 1787 and James Madison’s Debates in the Federal Convention of 1787 Which Framed the Constitution of the United States of America, and found that the pardon power was sparsely debated among the Framers. The Founders rejected proposals such as placing the power to pardon with the Senate or limiting the power in cases of treason. There was no discussion on self-pardoning power itself. However, it is unclear whether that is because the Framers failed to consider it or because it was obvious that it was either valid or invalid, thus not warranting debate. 2
We see that there was no discussion of the president pardoning himself. In my opinion, the thought of the president committing such crimes while in office was not a viable possibility. I find it a puzzlement to quote Yuel Brener in "Anna and the King of Siam." The country dodged a bullet when Aaron Burr ran for Vice President and failed to get elected. This event was in the future, and the Founders had no way of knowing that a future traitor could run for Vice President.
A friend has proposed that the president might have wolves and hyenas in Congress, the Justice Department, and the press to hound him out of office on trumped-up charges. This is a point well taken. However, my thinking is that the President, although he is not restricted by the Consitution, should not be able to pardon himself. I say this keeping in mind the ordeal that the Democrats, Congress, the government, and the Legacy Media have put Donald Trump through. Trump, being rich, was able to overturn all the attempts to destroy his presidency and attempt to become the 47th president.
I think that the president would stick to the job of running the country and not descend into treasonous acts if he knows that he can not pardon himself. I do understand that presidents, dictators, and Banana Republic leaders can and do loot their treasury, incarcerate, and kill their enemies. I may be naive to think that an American president would not stoop to this behavior. Perhaps I am being foolish. Joe Biden may prove me wrong.
Resources
1. Fuentes, Jonathan, Can a President Pardon Himself? The Beacon, Independent Institute, October 24, 2023, https://blog.independent.org/2023/10/24/can-a-president-pardon-himself/
2. Ibid
3. Howe, Amy, The Supreme Court, and the president’s pardon power, SCOTUSblog, INDEPENDENT NEWS & ANALYSIS ON THE U.S. SUPREME COURT. January 21, 2021, https://www.scotusblog.com/2021/01/the-supreme-court-and-the-presidents-pardon-power/
4. Staff writer for the ABA, Legal Fact Check: Pardons, December 20, 2020, https://www.americanbar.org/advocacy/governmental_legislative_work/publications/washingtonletter/dec-2020-wl/legal-fact-check-pardons-1220wl/
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