I guess there is a way to test this. Let’s say Biden loses the election and on his last day in office he pardons himself and others who are on Trump’s “hit list”–Pelosi, Garland, Cheney, Schumer, and other “enemies” for any “crimes” committed up to that point.
It’s been speculated that Trump may try to pardon himself if he is back in office. Let’s see if a sitting president can pardon himself.
I imagine Trump would order (or seriously consider it) a MAGA DOJ attempt to get these pardons rescinded and could the Supreme Court rule on this? It’s a Constitutional presidential power, at least with non-self pardons.
[Moderating]
This being FQ, let’s please keep the discussion general and factual, and steer away from hypothetical actions that might be taken by Biden, Trump, or other specific politicians.
I think the basic problem in this discussion is that the presidential pardon has never been tested in court. Therefore it’s unclear what SCOTUS (the ultimate arbiter) would say about a blanket pardon, or a self-pardon, or any other limits. As per recent discussions about “retroactive” pardons, it’s also unclear whether a pardon needs to be on record, or does the president merely have to think it and mention it later when he’s out of office? The constitution does not delve in the details.
There have been several Supreme Court cases regarding the pardon power, some of which have been referenced above. Among other things, the courts have established that the President may only pardon crimes that are fully in the past (i.e. he cannot pardon a future or ongoing crime) and that the recipient must accept the pardon for it to be valid. Certainly, there are areas that remain untested such as the ability to self-pardon.