“Can the next president reverse Trump’s pardons? Can Trump pardon anyone for actions not yet committed?” — JM
Hi JM,
The answer to both questions is no.
Presidents can’t reverse their predecessors’ pardons. There isn’t an exception for Donald Trump’s pardons, however corrupt they’ve been. That also means Trump can’t void Joe Biden’s pardons, despite his claim to the contrary.
Nor can presidents pardon future crimes.
The clemency power is broad. It allows for pardoning people of any and all federal crimes, including people who haven’t even been charged. But it’s still a backward-looking power. As the Supreme Court said in an 1866 case called Ex parte Garland, the president can forgive an offense “at any time after its commission” — keyword: “after.” Or, as one scholar put it: “The president can tell a thief not to worry about being convicted for the crime he has committed yesterday because he has pardoned him. But a pardon today cannot forgive a crime the thief commits tomorrow.” Please submit “Ask Jordan” questions through this form for a chance to have your question featured in a future edition of the Deadline: Legal Newsletter.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
Latest Post
Recommended
