Yes, Trump Can Pardon Himself and His Family

That doesn’t mean he should.

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President Donald Trump during an event in the Rose Garden of the White House in Washington, D.C., November 13, 2020

Carlos Barria/Retuers

Even though the election has ended, the controversies will not. With Michael Flynn now in the rear-view mirror, President Trump reportedly is considering issuing pardons to his children (Donald Jr., Eric, and Ivanka), his son-in-law Jared Kushner, and even Rudy Giuliani, though none have been charged with a crime. Giuliani has returned the gesture by noting that Trump technically could pardon himself too.

The potential political disaster has not stopped the White House from throwing the idea around. According to a report this week in the New York Times, “speculation about pardon activity at the White House is churning furiously.” Politico reports preemptive pardons for as many as 20 aides and associates are under consideration. Trump apparently fears that the Biden administration may prosecute him and his family. The president’s supporters have stoked this concern: “If Biden ever became president, I’d tell Trump pardon yourself and pardon your family,” Sean Hannity said on his eponymous Fox News show on Monday.

John Yoo

About the Author

John Yoo

John Yoo is the Thomas W. Smith Senior Fellow at the Civitas Institute, University of Texas at Austin; Emanuel S. Heller Professor of Law at the University of California at Berkeley; and a nonresident senior fellow at the American Enterprise Institute. He is a co-author of the just-released two-volume American Constitutional Law (Routledge, 2026).

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