Donald Trump Self-Pardon: US Election 2024: Will Convicted Criminal Donald Trump Be Able to Pardon Himself if He Wins? |

Republican presidential candidate and former President Donald Trump and South Dakota Gov. Kristi Noem dance to the song “YMCA” at a campaign town hall at the Greater Philadelphia Convention and Fairgrounds, Monday, Oct. 14, 2024, in Oaks, Pennsylvania. (AP) Photo/Matt Rourke)

The question of whether Donald Trump could pardon himself if re-elected remains legally ambiguous, as the Constitution does not explicitly provide for self-pardon and no president has ever attempted to do so. Legal experts are divided. Some argue that a self-pardon would be contrary to fundamental legal principles, citing a 1974 Justice Department memorandum that stated that “no man can be a judge in his own case”, suggesting that a self-pardon would be unconstitutional. Others believe that the Constitution’s broad pardon powers do not preclude self-pardon. Legal scholar Michael Conklin, for example, notes that the Constitution limits the pardon power only to cases of federal crimes and impeachment, without directly prohibiting self-pardons.
If the president were to attempt a self-pardon, it would almost certainly lead to serious legal problems and could ultimately require a Supreme Court decision. Moreover, a presidential pardon applies only to federal crimes and will not affect any state-level charges, such as the ones Trump faces in Georgia.

Charges against Donald Trump:

New York Secret Money Case: Trump was found guilty of multiple counts of falsifying business records related to secret cash payments made during his 2016 campaign. Sentencing was deferred until after the election, but conviction could result in up to four years in prison.
The case of federal secret documents: Trump was charged with mishandling classified documents after his presidency, but that case was dismissed when a judge found the appointment of a special counsel unconstitutional.
Federal election interference case: Trump also faces federal charges related to his alleged efforts to overturn the 2020 election. The case was delayed, largely due to legal debate over presidential immunity..
Georgia Election Interference Case: Trump faces state charges in Georgia related to alleged interference in the 2020 election. Some charges were dropped, but the case remains active despite ongoing proceedings.

Potential consequences if Trump loses the election:

If Trump is not reelected, he will lose the legal protections afforded to an incumbent president, increasing his vulnerability to prosecution. His conviction in New York could result in prison time, and his federal and state cases could continue, although their outcome depends on appeals and interpretations regarding presidential immunity.
Thus, while Trump’s legal battles pose significant risks, the outcome, particularly regarding the possibility of a self-pardon, remains uncertain and could lead to complex legal proceedings.