Some of those conversations have taken place in recent weeks, one of the sources said. It is unclear whether it has emerged since Wednesday’s riot in the Capitol building fueled by the president’s rhetoric or after his recent controversial connection with Georgia’s secretary of state, Brad Raffensperger. Trump asked about the legal and political consequences of personal forgiveness, according to a source close to Trump.
He also asked for legal opinions on whether he has the authority to issue a personal pardon and was informed of the potential political consequences. That person said it was not yet clear whether the president would continue to forgive himself.
Another person said it is not currently underway at the White House attorney’s office today, but that doesn’t mean it willn’t happen or that the Justice Department’s Legal Advisors office is not looking into the matter.
“As stated by several law scholars, I myself have the absolute right to PARDON, but why would I do that if I did nothing wrong?” the president said in 2018.
Still, presidential pardon has not been tested and experts are divided on its constitutionality. A legal memo from the Department of Justice says the president cannot forgive himself, but he can resign and ask the vice president to replace him and forgive him. However, this memo is not binding.
“A prosecutor would first have to indict Trump, despite his own pardon. Then, the issue would be litigated in the courts, probably even the Supreme Court. Given the weight of constitutional and historical authority (including the Justice Department’s opinion and intent) the Framers’ statement), a personal pardon would probably not remain; but there is almost no disadvantage for Trump in at least giving it a try and see if it catches, “Honig wrote in July.
“An insufficient shield is better than no shield,” he said.
Last month, he announced a wave of high-profile pardons, including longtime ally Roger Stone, former campaign president Paul Manafort and the father of senior White House adviser Jared Kushner, Charles.
While all presidents issue controversial pardons at the end of their terms, Trump has moved at a faster pace than his predecessors, showing little inhibition to reward his friends and allies using one of his most unrestricted powers.
This story was updated with additional information on Thursday.