Hes so far been enthusiastic aboutpardoning former associates and cronies.
The answer, like many deeply entrenched in constitution scholarship and legal debate, is a nuanced one.
It should be made clearer by explaining what constitutes a pardon and how theyve been handled throughout history.
What is a presidential pardon?
Presidential pardons are an executive power rooted in the Constitution, specificallyArticle II, Section 2, Clause 1.
They pertain specifically to the presidents ability to grant clemency to those charged with federal crimes.
How do pardons work?
A presidential pardon is when the president protects someone from prosecution for an act theyve already committed.
There are different types of pardons.
Amnesty
is similar to a full pardon and applies to groups or communities of people.
A
commutation
reduces a sentence from a federal court.
A president can also
remit fines and forfeitures
and
issue a reprieve
during a sentencing process.
Are they common?
While high-profile examples dont necessarily typify every presidential administration, they certainly arentuncommon.
There are other prominent examples throughout history, too: George H.W.
Bush pardoned six people involved in the Iran-Contra scandal that took place during Ronald Reagans administration.
But the pardon was a factor in Fords loss in the 1976 presidential election.
Can the president pardon himself?
There is no clear-cut answer to this one.
This post was originally published in December 2020 and was updated on 1/19/21 to reflect recent news events.
