NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / World

Q&A: Can Trump pardon himself?

Other
5 Jun, 2018 02:37 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Donald Trump says he has the power to keep himself out of jail if he wanted. Photo / AP

Donald Trump says he has the power to keep himself out of jail if he wanted. Photo / AP

President Donald Trump once joked he could "stand in the middle of Fifth Avenue and shoot somebody" and not lose voter support. The quip was intended as hyperbole to make a point on the loyalty of his base.

Now, Trump says, he has the power to keep himself out of jail if he wanted, declaring an "absolute right to PARDON myself." This time, though, it seems he isn't joking.

But there is a big limit in the world of presidential pardons: impeachment.

A look at what's true and what's not when it comes to presidential pardons:

So presidents get to do what exactly?

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Under the Constitution, the president has the power to grant "reprieves and pardons" for federal (but not state) crimes, essentially wiping out a person's convictions. The power is, as Trump says, "absolute" in that pardons can't be overturned by Congress or the courts.

Almost every president has used his pardon powers, but somewhat narrowly — focusing on overturning cases when they believe a severe injustice has been done or is needed to heal partisan rifts.

President Andrew Johnson, for example, granted blanket pardons to soldiers who fought in the Confederate Army as a practical way of reuniting the nation following the Civil War. And President Gerald Ford in 1974 pardoned his predecessor, Richard Nixon, for all federal crimes Nixon "has committed or may have committed or taken part in" during his presidency, on the grounds that the nation had become too "polarised" and needed to move past the Watergate scandal.

The big execption

There is one notable exception to a president's pardoning powers Trump doesn't mention: cases of impeachment. Under the U.S. system of checks and balances, Congress can hold presidents accountable by ousting them using impeachment trials.

Advertisement
Advertise with NZME.

Only two presidents have been impeached by the House, although both were acquitted by the Senate: Johnson in 1868 after he clashed with Congress over reconstruction of the South and Bill Clinton in 1998 on charges of lying under oath and obstructing justice concerning his sexual relationship with Monica Lewinsky.

(Nixon avoided impeachment by resigning before the House could vote.)

The bottom line is that Trump retains his pardoning powers up until a possible impeachment. And considering that impeachment trials tend to be wildly partisan affairs, it is unlikely Trump would be ousted so long as the GOP still controls the House and Senate.

Pardons as a political weapon

A person doesn't have to be convicted for a pardon to take place. That was the case in the Iran-Contra scandal, which involved the secret sales of weapons overseas by the Reagan administration.

Discover more

World

'Trump could pardon himself'

03 Jun 06:26 PM
Business

China warns US trade deal off if tariffs go ahead

03 Jun 09:04 PM
World

Analysis: Could Trump pardon himself?

03 Jun 11:08 PM
World

Trump says he has 'absolute right' to pardon himself

04 Jun 06:01 PM

By the time the chief prosecutor in the case was prepared to present evidence of a high-level cover-up in court, President George H.W. Bush blocked the prosecution of several central figures using his pardoning power. The pardons infuriated the prosecutor, Lawrence Walsh, and the $47 million investigation resulted in only one person sent to prison.

Bush defended his pardons by saying "at the heart of this investigation was a political dispute between the executive and legislative branches over foreign policy. We must be careful not to criminalise constitutional disputes of this kind."

Likewise, Trump could try to undercut the Russia investigation by pardoning anyone charged by special counsel Robert Mueller. Overall, 19 people have been charged in the investigation, including Trump's former campaign chair and national security adviser.

But such pardons could also trigger impeachment trials in Congress on the claim that Trump was trying to obstruct justice. But again, the outcome would probably fall on party lines.

Could the president pardon himself?

So far, Trump has shown he's not afraid to pardon others he claims were unfair victims of partisanship. Among those include Joe Arpaio, the former Arizona sheriff who clashed with a judge on immigration, and I. Lewis "Scooter" Libby, the Bush administration official convicted of perjury and obstruction of justice in the Valerie Plame leak case.

But could Trump pardon himself? Not surprisingly, that particular scenario has never been tested in the courts.

Advertisement
Advertise with NZME.

Trump's lawyer, Rudy Giuliani, says it wouldn't happen anyway.

"Pardoning himself would be unthinkable and probably lead to immediate impeachment," Giuliani told NBC's "Meet the Press" this weekend.

According to the website HuffPost, Giuliani said the president was completely immune from prosecution, and at one point offered this odd hypothetical:

"If he shot James Comey, he'd be impeached the next day," he said. "Impeach him, and then you can do whatever you want to do to him."

Comey is the former FBI director who was leading the Russia investigation when Trump fired him.

- AP

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from World

World

'Terrible lie': Defence counters claims in mushroom murder trial

18 Jun 08:02 AM
World

Three Australians facing death penalty in Bali murder case

18 Jun 07:16 AM
World

Death toll from major Russian strike on Kyiv rises to 21, more than 130 injured

18 Jun 06:15 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from World

'Terrible lie': Defence counters claims in mushroom murder trial

'Terrible lie': Defence counters claims in mushroom murder trial

18 Jun 08:02 AM

Barrister says prosecutors focused on messages to undermine Erin Patterson's family ties.

Three Australians facing death penalty in Bali murder case

Three Australians facing death penalty in Bali murder case

18 Jun 07:16 AM
Death toll from major Russian strike on Kyiv rises to 21, more than 130 injured

Death toll from major Russian strike on Kyiv rises to 21, more than 130 injured

18 Jun 06:15 AM
Milestone move: Taiwan's submarine programme advances amid challenges

Milestone move: Taiwan's submarine programme advances amid challenges

18 Jun 04:23 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP