The Possibilities and Consequences of Donald Trump’s Self-Pardoning

In the myriad of political speculations and considerations surrounding former President Donald Trump, one scenario looms particularly prominent: the hypothetical self-pardon. While former President Biden pardoned some Capitol rioters, this comparison is inadequate when examining the implications of Trump potentially pardoning himself or his son, Donald Trump Jr. This article will explore the legal and political ramifications of such an action, along with the strategic moves that could be taken to address such a scenario.

Legal Implications of Self-Pardoning

Article II, Section 2 of the U.S. Constitution grants the president the power to pardon, but there are nuances to this authority. A self-pardon in state cases is inherently invalid, as a president cannot pardon someone in a case that could occur if they hold office at the same time. This is known as “incompatibility.” However, for any federal charges, a self-pardon would be considered valid for those particular charges. This raises the question of whether a federal trial would be necessary first, as any self-pardoned conviction could be contested in the Supreme Court. This lengthy legal process would likely involve years of court hearings and deliberations, making a self-pardon practically unfeasible in the immediate aftermath of any potential conviction.

Strategic Considerations for Addressing Self-Pardoning

Should Donald Trump consider self-pardoning, he would face significant political repercussions. One immediate response could involve closing down the leadership of the DOJ and FBI, appointing new attorney general and director outside of Washington D.C., thus disrupting the current probes into his administration. These strategic moves could secure loyalty and expedite investigations into former leaders suspected of misconduct, such as Garland and Wray, who could be impeached and convicted. Following such a conviction, further actions could include directing the military to arrest them and treating the offense as treason, with military tribunals and potentially the death penalty for those found guilty. Drawing on precedents from the 2020 election fraud investigations and other unaddressed cases, actions taken could include using evidence from organizations like True the Vote and the 2000 Mules documentary to ensure a thorough investigation and prosecution.

Comparing Self-Pardoning to Joe Biden’s Actions

While former President Biden's pardons of certain Capitol rioters have drawn criticism, it is essential to put Trump’s hypothetical self-pardoning in perspective. Biden’s pardons were not a blanket amnesty but specific cases. In contrast, a self-pardoning scenario for Trump would expose a blatant attempt to evade justice, particularly given the extensive evidence of involvement in felonies ranging from obstruction of justice to election fraud.

The Broader Implications for U.S. Democracy

The act of self-pardoning would be a profound abandonment of democratic norms. It would indicate a serious breach of faith in the judicial system and the rule of law. Furthermore, it would undermine public confidence in the government and potentially incite further political unrest. This scenario could also lead to a reinterpretation of the impeachment process, as it might highlight the need for more robust ground rules to prevent future occurrences of abuse of power.

Given the complex legal and political landscape, the potential self-pardoning of Donald Trump underscores the importance of a strong, independent judiciary and a vigilant legislative body. The actions taken to address such a scenario should aim not just to correct immediate wrongs but also to fortify the integrity of the U.S. political system for future generations.