Cass R. Sunstein, Columnist

Trump Can’t Pardon Himself

James Madison and his colleagues laid out the limits to this presidential power in 1787. Also: “No one may be judge in his own cause.”

January 8, 2021 at 5:00 PM UTC

By Cass R. Sunstein

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

For sure he can pardon Thanksgiving turkeys.
Photographer: Andrew Caballero-Reynolds/AFP via Getty Images

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President Donald Trump is reportedly considering issuing himself a pardon, perhaps on his last day in office. Is he really allowed to do that? The best answer is simple: No.

Begin with the Constitution’s text, which states that the president “shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”