Professor Jed Shugerman’s blog post on presidential pardons in the Trump administration was featured in a Slate article.
There are more and more signals that Donald Trump is exploring firing Robert Mueller and pardoning anyone and everyone in his circle. So what would happen next? The bottom line is that those moves would backfire spectacularly.
First, can Trump pardon himself? That’s surprisingly hard to answer.
…
Presidential pardons can’t apply to state prosecutions. That means state attorneys general, especially New York’s Eric Schneiderman, Washington, D.C.’s Karl Racine, and Delaware’s Matthew Denn should think about canceling their summer vacation plans. (Yes, Delaware. Go Google “quo warranto,” see this old post, or better yet continue reading.) And maybe they should open up some office space for Mueller and his A-Team when he inevitably gets fired for getting closer and closer to hard evidence of serious crimes.
…
The president cannot pardon people for state crimes. Even if Trump pardons, say, his son-in-law Jared Kushner, a state prosecutor can bring charges under state law anytime. Similarly, Trump can be prosecuted under state law. President Richard Nixon’s attorney general concluded in 1974 that a sitting president can’t be indicted, but there is no constitutional text or precedent for such a conclusion—and it was obviously an interpretation that benefited Nixon. I think this is an open question.
…
Pardons can also be their own basis for impeachment. Impeachment, the Constitution stipulates, should be reserved for “Treason, Bribery, or other high Crimes and Misdemeanors.” If a president abuses his or her power, that abuse can be the basis of impeachment even if that abuse isn’t formally covered by any criminal statute. For example, if Trump disregarded Supreme Court rulings on immigration (or if he disregarded the law to sabotage health care), Congress could impeach and convict. Abuse of the pardon power could be the same. I’d go further and argue that the use of the pardon to obstruct a criminal investigation is, well, obstruction of justice.
