The Supreme Court Wants to Know: Can a President Pardon Himself?

Abstract

The constitutionality of a presidential self-pardon played a significant role at Supreme Court oral arguments in Trump v. United States, a case involving presidential immunity from criminal prosecution for conduct allegedly involving official acts. Justice Gorsuch and Justice Alito both wanted to know the attorneys’ opinions on whether a President could pardon himself, as they both maintained it was relevant to the case under consideration. Justice Alito even explicitly stated, “Don’t you think we need to know?”<br><br>Due to a current convergence of events, the ability of a President to pardon himself could become the most pressing constitutional question of the twenty-first century. This Article provides a thorough analysis of the implications from the Trump v. United States case and the arguments for and against the constitutionality of a presidential self-pardon. This framework will serve a valuable function in this crucial debate and in related areas of constitutional ambiguity.

Keywords: Pardon Power, Presidential Immunity, Trump, Constitutional Law, Self-Pardon