Self-Pardons: A Response To Tribe, Painter, and Eisen


donald_trump_president-elect_portrait_croppedThis weekend my column on the Trump pardon controversy ran in the Washington Post. Notably, while the article did not say conclusively that a President can issue a self-pardon, the title (which authors do not approve) said that he could.  As I have stated in the press, I consider this one of the most difficult questions in the Constitution.  I wrote that there is nothing in the Constitution that says that a president cannot self-pardon and that this was a very close and unresolved question. The same day, a column ran that said conclusively that the self-pardon are clearly and textually barred by the Constitution. That column was written by Harvard Professor Laurence Tribe, Minnesota Professor Richard Painter, and Brookings Institution fellow Norman Eisen.   I must respectfully disagree despite my respect for the prior work of all three of these men. While I believe that it…

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