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Is Trump planning to pardon himself after taking over White House? His top advisor says ‘That would be something…’

Dec 03, 2024 08:52 PM IST

In May, Donald Trump was found guilty in the New York hush money case, despite the fact that most of his prosecutions have now been closed.

In May, Donald Trump was found guilty in the New York hush money case. However, special counsel prosecutors rejected the two federal criminal charges against him in separate court filings after he won the presidential election.

Trump's top adviser Jason Miller was recently questioned on CNN about whether the president-elect would drop the federal charges against him after entering the office.(via REUTERS)
Trump's top adviser Jason Miller was recently questioned on CNN about whether the president-elect would drop the federal charges against him after entering the office.(via REUTERS)

The controversy around Hunter Biden's pardoning has prompted a question if the president-elect might effectively free himself from all the legal troubles.

A New York judge indefinitely suspended the sentencing of Trump in his criminal hush money case.

In a court decision, Judge Juan Merchan permitted Trump's lawyers to submit requests to have the case dismissed. Trump was convicted of 34 charges of fabricating business records. The decision nullified last month's sentencing.

Following the ruling, Manhattan District Attorney's Office prosecutors informed Merchan that they were in favor of delaying the sentencing date so that Trump's lawyers might attempt to have the case dismissed completely.

However, the DA's office also declared that it will fight that dismissal bid.

Meanwhile, Trump's lawyers, including Todd Blanche, asserted that the case needs to be dismissed “immediately.”

In a letter to Merchan, Blanche, who Trump recently appointed as the No. 2 person at the Department of Justice, and attorney Emil Bove stated that Trump as president-elect is “completely immune from any criminal process.”

Last year, Trump was indicted with both holding and concealing sensitive documents and attempting to rig the 2020 election. Jack Smith, the special counsel for the prosecution in the Justice Department, withdrew the charges, but left open the prospect that they might be resurrected later. So now the question that arises here is will Trump pardon himself after taking over the White House as the 47th President.

Will incoming president Trump pardon himself?

Trump's top adviser Jason Miller was recently questioned on CNN about whether the president-elect would drop the federal charges against him after entering the office.

“That would never be something that I would weigh in on. That would be something for the legal team to discuss. And again, President Trump did nothing wrong,” Miller said.

Trump has the authority to pardon himself after becoming the president, and that may permanently put a stop to his legal issues. When asked if Trump would do so.

Also Read: Hunter Biden breaks silence after Presidential pardon: 'Will never take clemency…’

Here's what Constitution says on pardoning

It's uncertain if a president's self-pardon is legal because it would be unprecedented. In case Trump gives it a shot, his legal issues would not be resolved, as per USA Today.

Only federal cases qualify for presidential pardons and not state ones. According to the Constitution, the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The Constitution Annotated states that this clause restricts the pardoning authority by omitting civil claims and state criminal charges.

Trump stated in an earlier interview that “the last thing I’d ever do is give myself a pardon,” according to NBC News, despite his attorney Rudy Giuliani stating that the president “probably” could pardon himself if he was in the White House.

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Read breaking news, latest updates from United States on topics related to politics, crime, along with national affairs. Stay up to date with news developments on Kamala Harris, Donald Trump,and Joe Biden.
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Read breaking news, latest updates from United States on topics related to politics, crime, along with national affairs. Stay up to date with news developments on Kamala Harris, Donald Trump,and Joe Biden.
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