Donald Trump may try to pardon himself during last moments as US President

A pardon power wipes out a criminal conviction.
A pardon power wipes out a criminal conviction. Photo credit: Getty

Donald Trump may try to pardon himself during his final moments as the President - a move he previously hinted he would do.

The President suggested in the past he has "absolute power" to wipe any crimes he or his supporters may have committed.

"As has been stated by numerous legal scholars, I have the absolute right to PARDON MYSELF," he tweeted in 2018.

"But why would I do that when I have done nothing wrong?"

According to the US constitution, the power of pardon is granted to the President of the United States under Article II, Section 2.

The President "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment," it states.

In other words, it wipes out any criminal conviction for his inner circle, including members of the President's family. But the pardon power is not absolute. 

A pardon only applies to federal crimes, which means Trump may not be able to protect himself from some criminal investigations, Reuters reports.

"When people ask me if a president can pardon himself, my answer is always, 'Well, he can try,'" said Brian Kalt, a constitutional law professor at Michigan State University.

"The constitution does not provide a clear answer on this."

Other legal experts say Trump attempting to self-pardon himself would be unconstitutional because it violates the principle that nobody should be their own judge. Prof Kalt said that, in his opinion, was a better argument.

Former US President Richard Nixon stepped down and was pardoned by his successor, Gerald Ford, for any federal crimes he committed or might have committed while in office.

It's possible Trump could try to step down briefly and be pardoned by Vice President Mike Pence.

But it's not clear what Pence would have to gain from agreeing to pardon Trump, said Corey Brettschneider, a professor of political science at Brown University.

"I don't think Pence would want that to define his legacy," Brettschneider said.

In 2001, former President Bill Clinton pardoned his brother Roger who was convicted for cocaine possession in Arkansas.

Clinton pardoned around 450 others, including Democratic Congressman Mel Reynolds who was convicted of bank fraud, 12 counts of sexual assault of a child and solicitation of child pornography.

It is not known what Trump will do during his last months at the White House but he is currently facing multiple investigations into possible fraud and accusations of sexual assault.

Reuters / Newshub.