Yes, Trump Can Pardon Himself and His Family

President Donald Trump during an event in the Rose Garden of the White House in Washington, D.C., November 13, 2020 (Carlos Barria/Retuers)
That doesn’t mean he should.

NRPLUS MEMBER ARTICLE E ven 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

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John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley, a nonresident senior fellow at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University.


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