Trump is headed back to the White House. Can he pardon himself as president?
In the early hours of Wednesday morning, former President Donald Trump was declared the winner of the 2024 presidential election, defeating Vice President Kamala Harris.
Trump will be the first sitting president with a felony conviction. In May, Trump was convicted of 34 felony counts of falsifying business records in New York. He has also been accused of trying to steal the 2020 election in two indictments, one in Georgia and one in federal court. His other federal indictment over his handling of classified documents was dismissed by a Trump-appointed judge, which prosecutors appealed.
Trump has been trying to fight these cases, but now that he is headed back to the White House, he may not face any consequences until after his term in the White House.
But can he pardon himself? Here is what to know:
Can Trump pardon himself?
A president issuing a self-pardon would be unprecedented, so its legality is unclear.
If he did try it, it would not wipe out all of his legal problems.
Presidential pardons only apply to federal cases, not state cases. The Constitution states the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." That text limits the pardoning power by excluding state criminal offenses and civil claims, according to the Constitution Annotated.
When Trump was in the White House, his lawyer Rudy Giuliani made comments that the president "probably" could pardon himself, but Trump has said in a previous interview that "the last thing I’d ever do is give myself a pardon," NBC News reported.
The Trump campaign did not immediately respond to Paste BN's request for comment.
What is happening with Trump's legal cases?
The cases are likely to be delayed or possibly dropped, legal experts previously told Paste BN.
Trump has said he would fire Justice Department special counsel Jack Smith, who is prosecuting the two federal cases against Trump.
The state cases are likely to be postponed until Trump's next presidency is over.
Contributing: Bart Jansen, Aysha Bagchi, Josh Meyer, David Jackson
Kinsey Crowley is a trending news reporter at Paste BN. Reach her at kcrowley@gannett.com, and follow her on X and TikTok @kinseycrowley.