Donald Trump evaluates the possibility of self-indulgence
According to "The New York Times", the president consulted several times with his collaborators and legal advisers about the possibility of forgiving himself.
The president of the United States, Donald Trump, has been hinting to his collaborators, for several weeks, the intention of granting himself a pardon in his last days in the White House. This measure would mark an unprecedented event, as no president in the history of the United States has granted forgiveness.
The issue is not new for the president, because on the day the presidential elections were held, he raised the possibility with his advisers, in addition to consulting them on the legal and political effects on him. However, it is unknown if Trump has mentioned this possibility to his collaborators again after the incidents that occurred on Wednesday, when several of his followers, encouraged by his incendiary speech, forcibly entered the Capitol, a symbol of democracy. U.S.
No president in the history of the United States has been granted a pardon, so it is an action whose legitimacy has never been tested in the legal system. The concepts of legal specialists are very divided regarding the recognition of this pardon. However, they agree that this action of self-harm would set a dangerous precedent, in which the president would place himself above the law to avoid responsibility for any crime committed during his term.
One of the main reasons why Trump wants to carry out this self-indult, days before his term ends, is because he is increasingly convinced that once he leaves power, his enemies will use justice to attack him.
Nonetheless, presidential pardons under Donald Trump have been a recurring theme. The president has already granted preventive pardons to advisers and officials of his governments, among which Michael Flynn, his former National Security adviser, stands out, a pardon that exonerates him from everything related to the FBI investigation into his contacts with Russia, among others. .
Likewise, Trump has considered granting preventive pardons for his family, including his three oldest children: Donald Trump Jr., Eric Trump and Ivanka Trump, in addition to his son-in-law and senior White House adviser, Jared Kushner, and his personal attorney. , Rudolph W. Giuliani.
Presidential pardons only apply to federal law and do not provide protection against state crimes, so Trump could not get away with potential charges that may be brought by Manhattan prosecutors investigating the finances of the Trump organization.
However, there is a precedent in which a president received a pardon. Richard M. Nixon, a month after leaving office, was pardoned for all crimes he committed in his office by Gerald R. Ford, his former vice president, then president. The measure was criticized for allowing the Presidency to be above the law.
What is a pardon?
It is the power, granted by the Constitution, that the president has to grant clemency to offenders by granting pardons and amnesties for grievances against the United States, except in cases of political trials. This could be a commutation, that is, a broader annulment of all the legal consequences derived from a crime.
It serves as a counterweight to the federal criminal justice system. Furthermore, the Constitution does not prohibit the president from pardoning his family or his close allies, since pardons based on personal interests are not excluded.
However, the president does not have the authority to grant clemency for federal crimes such as tax evasion and financial fraud, so he does not have the power to prevent state prosecutors from filing charges on those matters.
