Beg Your Pardon?

Bush’s power to pardon is basically unlimited. Could he legally pardon himself?


Undoubtedly, President Bush has considered pardons to minimize his and his subordinates’ legal exposure upon leaving office. How far can he go? Brian Kalt, a Michigan State law professor and a historian of the presidential pardon, says that “as long as it’s for a criminal federal offense, there don’t seem to be any limits at all” to the pardon power. President Gerald Ford issued a preemptive blanket pardon to Richard Nixon in 1974, establishing a broad precedent that’s never been challenged.

Last fall, Democratic congressional staffers vigorously researched what options they have to head Bush off at the pass. There don’t appear to be many. Congress could try to curb the president in some way—for instance, forbidding pardons in the final days of his administration—but no one knows whether this would hold up in court. Pardon power could be limited with a constitutional amendment, but…that’s an impossibility.

Some scholars believe Bush could even pardon himself. (Nixon considered it.) A less dramatic, and equally effective, way to protect himself would be to pardon his immediate subordinates, making it difficult to use the threat of prosecution to force them to testify against him. (The precedent here was set by Bush père. In the final days of his term, he pardoned several Iran-Contra figures who might have implicated him in the scandal.) There’s also speculation that Bush might offer blanket immunity to anyone connected to the torture policy. However, anyone Bush pardons will no longer be at risk of self-incrimination—and therefore will not be able to plead the Fifth Amendment if ever called to testify.

MORE HARD-HITTING JOURNALISM

In 2014, before Donald Trump announced his run for president, we knew we had to do something different to address the fundamental challenge facing journalism: how hard-hitting reporting that can hold the powerful accountable can survive as the bottom falls out of the news business.

Being a nonprofit, we started planning The Moment for Mother Jones, a special campaign to raise $25 million for key investments to make Mother Jones the strongest watchdog it can be. Five years later, readers have stepped up and contributed an astonishing $23 million in gifts and future pledges. This is an incredible statement from the Mother Jones community in the face of huge threats—both economic and political—against the free press.

Read more about The Moment and see what we've been able to accomplish thanks to readers' incredible generosity so far, and please join them today. Your gift will be matched dollar for dollar, up to $500,000 total, during this critical moment for journalism.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

We have a new comment system! We are now using Coral, from Vox Media, for comments on all new articles. We'd love your feedback.