Can a president pardon himself?

[memphis]

Hypothetically speaking....

[dead0man]

Probably not.  At least that's what Google tells me.  I could copy and paste or put my spin on it, but I'll just let the more knowledgeable here do that.

[Queen Mum Inks.LWC]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

[Smid]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

I'm no legal expert or anything, but I believe that's why Nixon resigned, and then Ford pardoned him for "any crimes that he may have committed as President" or something along those lines. Then people believed that he only stood down so that Ford could become President, so that Ford would owe him, so that he would then pay him back by pardoning him... I wasn't around back then, and I don't know all that much about complex legal matters, but I believe that was roughly the gist of what happened.

[Queen Mum Inks.LWC]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

I'm no legal expert or anything, but I believe that's why Nixon resigned, and then Ford pardoned him for "any crimes that he may have committed as President" or something along those lines. Then people believed that he only stood down so that Ford could become President, so that Ford would owe him, so that he would then pay him back by pardoning him... I wasn't around back then, and I don't know all that much about complex legal matters, but I believe that was roughly the gist of what happened.

I think Ford would've pardoned him even if Nixon had been impeached.  Based on my knowledge of Nixon and the Watergate Scandal (which is limitedly decent - I did a report on it, but it was in like 9th grade, but it was still 3 times longer than the length the teacher allowed), he mainly did it because if he was going down, he was going to go down through his own will, not the will of Congress.

[Thomas Jackson]

The Constitution is pretty simple.

"he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

This doesn't mean that a pardon can take place only after conviction. So yes, A president can pardon himself.

In fact, raving leftists were hoping that Klintoon would do just that.

http://writ.news.findlaw.com/dean/20001208.html

"While no president has ever pardoned himself, the law supports the president's authority to do so. Scholarly inquiry into the subject was provoked first by fear that Richard Nixon would pardon himself to escape Watergate; later by thought that George H. W. Bush would do so because of the Iran-Contra grand jury; and most recently by concern about Bill Clinton's problem of a possible post-Presidency indictment and trial. And while a few scholars have concluded that the president cannot pardon himself, many more believe that he can.

As one Member of Congress said during the Clinton impeachment proceedings, "the prevailing opinion is the President can pardon himself." Thus, should Bill Clinton pardon himself, and should Independent Counsel Ray decide to go to Court to test his presidential power to do so, not only would that court case delay the prospect of resolving any criminal action against the former president quickly, it would also present a case of first impression, with the authority overwhelmingly on the side of the former president.

The president's pardon power is set forth in the constitution. Article II, section 2 grants the president "Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." The text of the constitution, its history, and the placement of the pardon power within the structure of the constitution, all show that there are no limits on this power, other than the exception that prevents the president from pardoning "impeachments." Accordingly, the Supreme Court has described this presidential power as "plenary." As one recent commentator summed it up, short of a constitutional amendment, there is absolutely nothing "to prevent any president from pardoning himself."

Will Bill Clinton do so? We won't know until he is indicted, for he would have to plead it as his defense. I would assume that we will have an answer to this question by March, or by end of April at the latest — if Independent Counsel Ray proceeds as he has indicated. Although I cannot predict the answer, this much I can promise: it will be interesting. "

[Small Business Owner of Any Repute]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

I'm no legal expert or anything, but I believe that's why Nixon resigned, and then Ford pardoned him for "any crimes that he may have committed as President" or something along those lines. Then people believed that he only stood down so that Ford could become President, so that Ford would owe him, so that he would then pay him back by pardoning him... I wasn't around back then, and I don't know all that much about complex legal matters, but I believe that was roughly the gist of what happened.

I truly and honestly believe that Ford pardoned Nixon because he believed it was the right thing to do.  Ford knew it would most likely cost him the election, but he did it anyway.

[memphis]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

I'm no legal expert or anything, but I believe that's why Nixon resigned, and then Ford pardoned him for "any crimes that he may have committed as President" or something along those lines. Then people believed that he only stood down so that Ford could become President, so that Ford would owe him, so that he would then pay him back by pardoning him... I wasn't around back then, and I don't know all that much about complex legal matters, but I believe that was roughly the gist of what happened.

I truly and honestly believe that Ford pardoned Nixon because he believed it was the right thing to do.  Ford knew it would most likely cost him the election, but he did it anyway.

I truly and honestly believe that OJ is still looking for the real killer.

[J. J.]

No.  He cannot be found guilty by a criminal court until he is removed from office by impeachment.  And once he's impeached, he can't pardon himself.

I'm no legal expert or anything, but I believe that's why Nixon resigned, and then Ford pardoned him for "any crimes that he may have committed as President" or something along those lines. Then people believed that he only stood down so that Ford could become President, so that Ford would owe him, so that he would then pay him back by pardoning him... I wasn't around back then, and I don't know all that much about complex legal matters, but I believe that was roughly the gist of what happened.

I was openly suggested that Nixon could have pardoned himself at that time, in the media.

I would be of the opinion that he could.

[Simfan34]

The Washington Post isn't sure.

[brucejoel99]

Personally, I don't think the President can pardon himself even from prosecution, though there's a debate about that (as this thread's mere existence shows).

Even legal experts who argue that a President can't pardon himself tend to agree that no one really knows for sure. Perhaps the strongest argument for saying a self-pardon would be allowed is that the Constitution doesn't explicitly prohibit it. But there are several more circumstantial arguments that, collectively, make a strong case that a self-pardon would be impermissible.

For starters, the Constitution uses the word "grant," which ordinarily means giving to someone else. Going back to its English monarchical origins, a pardon has long been conceived as an act of mercy. Neither of these suggest something that can be done to oneself.

In addition, when the Constitution was being written, a background value everywhere in the air was that no one should be a judge in their own cause. This notion, sometimes referred to in Latin as "nemo judex in causa sua," is a longstanding common-law principle. People can't prosecute, judge, or sit on juries in their own cases. Like a judge who'd have to submit to the authority of another judge if he were being prosecuted, a President must seek a pardon from his successor. That's what happened w/ Nixon. It was his successor, Ford, who ultimately pardoned him for Watergate-related crimes. It's worth noting that a President who accepts a pardon would be seen as having acknowledged committing a crime, which runs the risk of supercharging the impeachment process.

Ultimately, though, no one knows for sure how any of this could play out until the Supreme Court rules. There really is no answer to this question since it never has arisen. You never know until you have temerity to try. Even Nixon didn't have the temerity to try it.

[MASHED POTATOES. VOTE!]

Was there ever an actual example under any U.S.' jurisdiction someone empowered to grand pardons grant it to herself or himself?

[brucejoel99]

Was there ever an actual example under any U.S.' jurisdiction someone empowered to grand pardons grant it to herself or himself?

No. No chief executive (a President or Governor) has ever tried to pardon himself, let alone been prosecuted after trying to pardon himself, so no court has had a chance to rule on the validity of self-pardons. Also, as a (previously stated) general matter, fed. precedent suggests a gov't. official can't sit in judgment of himself. That said, the issue isn't legally settled & a President could, in theory, test the matter & see whether the courts would choose to resolve it.

[President Johnson]

Probably the Supreme Court would have to decide in the end.

Did Nixon never consider that?

[brucejoel99]

Did Nixon never consider that?

Nixon *did* consider pardoning himself just before he resigned. While his lawyer advised him that he had the power, Nixon decided against it after the DOJ's Office of Legal Counsel determined that Nixon *couldn't* use his own pardon power in order to protect himself from prosecution, citing "the fundamental rule that no one may be a judge in his own case."

[True Federalist (진정한 연방 주의자)]

Moreover, doing so wouldn't shield a President from impeachment and given the uncertainty of whether a President can pardon himself (tho I think he can't), it's definitely better for a President (or Governor) to get his successor to pardon him and thus spare himself the expensive legal wrangling that would inevitably follow a self-pardon.

[MarkD]

Did Nixon never consider that?

Nixon *did* consider pardoning himself just before he resigned. While his lawyer advised him that he had the power, Nixon decided against it after the DOJ's Office of Legal Counsel determined that Nixon *couldn't* use his own pardon power in order to protect himself from prosecution, citing "the fundamental rule that no one may be a judge in his own case."

I think this is the best answer to the W.W.O.F.F.S. question -- What Would Our Founding Fathers Say? So I think this is what the Supreme Court would likely say .... IF enough of the Justices are going to do their jobs right instead of being wrapped up in partisan fervor.
As Thomas Jefferson said about 197 years ago, "Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, ........."

[JoshPA]

Hypothetically speaking....

lets say the gop grow a pair and try to impeach obama for the irs going after right wingers (that is impeahable and nixon try the same sh**t on his rivals))

[brucejoel99]

Moreover, doing so wouldn't shield a President from impeachment and given the uncertainty of whether a President can pardon himself (tho I think he can't), it's definitely better for a President (or Governor) to get his successor to pardon him and thus spare himself the expensive legal wrangling that would inevitably follow a self-pardon.

Yup, Nixon's case even exemplifies this breadth; (as I previously stated) like a judge who'd have to submit to the authority of another judge if he were being prosecuted, a President must seek a pardon from his successor (which, in this case, was given by Nixon's successor, Ford).

Did Nixon never consider that?

Nixon *did* consider pardoning himself just before he resigned. While his lawyer advised him that he had the power, Nixon decided against it after the DOJ's Office of Legal Counsel determined that Nixon *couldn't* use his own pardon power in order to protect himself from prosecution, citing "the fundamental rule that no one may be a judge in his own case."

I think this is the best answer to the W.W.O.F.F.S. question -- What Would Our Founding Fathers Say? So I think this is what the Supreme Court would likely say .... IF enough of the Justices are going to do their jobs right instead of being wrapped up in partisan fervor.
As Thomas Jefferson said about 197 years ago, "Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, ........."

Not to mention, some scholarship shows the Founders held the same assumption. In the Federalist Papers, Hamilton wrote that a criminal President must be removed by impeachment first, then prosecuted "afterwards" in the "ordinary course of law," implying said President has left office w/out pardoning himself, which would obviously moot any such indictment.