Trump likely can’t pardon himself — even if he regains White House
WASHINGTON – Donald Trump would apparently not be able to pardon himself if convicted in two of the criminal cases against him even if he retakes the Oval Office — because they involve state as opposed to federal charges.
If elected president in 2024, Trump would again be receiving pardoning powers — which are broad by nature — but only in federal cases. That power does not extend to state and local convictions.
He has two federal cases against him: one involving the alleged retention of classified documents at his personal residences and another related his reputed efforts to overturn the 2020 presidential election results and foment rioting on Jan. 6.
“[The president] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment,” the Constitution states.
But it appears Trump – or any other president – would not have the authority to overturn the possible convictions in his first and last criminal indictments this year, in Manhattan and Fulton County, Ga.
Those cases, one involving “hush money” payments made to porn star Stormy Daniels and another regarding his alleged attempts to overthrow Georgia’s 2020 election results favoring Joe Biden, were filed in state courts under state laws – over which the Constitution does not grant presidential pardoning powers.
Keeping track of all of Trump’s indictments
Former President Donald Trump is facing 91 charges in four different criminal cases following his time in office.
Here are all of the legal troubles Trump will face as he heads toward the 2024 election.
Mar-a-Lago classified docs
- Trump is the first former president to receive a federal indictment.
- Trump is accused of taking around 11,000 documents, some containing sensitive national security secrets, and hoarding them in a haphazard manner at his Palm Beach, Florida, estate.
- The most serious charge, in this case, carries a penalty of up to 20 years in prison.
Stormy Daniels ‘hush money’
- Trump’s then-lawyer Michael Cohen paid Daniels $130,000 in exchange for her silence about a sexual encounter she claimed the two had.
- Trump pleaded not guilty to the charges and is trying to have the case moved to federal court. He is set to appear in court on Jan. 4, 2024.
2020 election overturn bid
- Special counsel Jack Smith charged the ex-president with four counts in connection with his attempts to overturn the 2020 election.
- Prosecutors charged that the 45th president’s incessant claims of election fraud costing him re-election “were false and [Trump] knew they were false.”
- The indictment is the second brought by Smith against the 77-year-old Trump.
- A mob of Trump supporters breached the US Capitol on Jan. 6, 2021, following his speech on the Ellipse.
- The charges against the former president include violation of the Georgia’s anti-racketeering law, conspiracy, false statements, and asking a public official to violate their oath of office.
Georgia 2020 election probe
- Trump and 18 of his allies and supporters were indicted by a Georgia grand jury in connection with his efforts to overturn the 2020 election results in the Peach State.
- The former president faces 13 counts in the case, matching a docket prematurely posted to the Fulton County Superior Court’s website around noon.
New York civil cases
- The former president was sued by New York Attorney General Letitia James.
- James is alleging that Trump and three of his children lied to banks about his assets and net worth by billions.
- She is seeking a $250 million fine and a ban on Trump doing business in New York state.
- In another civil case, Trump was found liable for sexually abusing and defaming writer E. Jean Carroll in the 1990s.
- Carroll was awarded $5 million in damages from Trump.
- Trump was not found guilty of rape after the jury rejected Carroll’s claim that Trump raped her in a Bergdorf Goodman fitting room.
The charges in those two state cases carry combined potential prison sentences of up to 207 years, although Trump would never be sentenced to anywhere near that amount of time, experts have said.
As of Tuesday, Trump faces 91 charges in the four indictments – 44 of which are federal and could be subject to president pardons.
However, there is an option of last resort in one of the state cases – that which was brought by Manhattan District Attorney Alvin Bragg.
Trump could potentially sweet-talk a New York governor to pardon him on the 34 felony counts in that case – though that option seems far from likely under Democrat Gov. Kathy Hochul.
Still, the former president’s chances at breaking free of a possible conviction in his Fulton County case are limited to the appeals process alone, which goes through its parole board, as Georgia is one of just a handful of states that does not provide its governor with pardoning authority.
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