Republican Donald Trump on Tuesday (Nov 5) created history by becoming only the second President in US history to win non-consecutive terms. The 79-year-old also created history by becoming the only convicted felon to be elected president of the United States.
Donald Trump a criminal?
Trump has some serious criminal charges to his name, including federal ones and has been found guilty on 34 felony counts. This includes charges of falsifying business records to conceal a $130,000 hush money payment made to porn star Stormy Daniels, so as to influence the outcome of the 2016 election.
While he was found guilty in May 2024, his sentencing originally set for July 11 has been postponed, and remains pending.
He is also facing four federal charges in the federal election interference case for undermining the 2020 election results, including conspiracy to defraud America, and conspiracy to obstruct an official proceeding.
Now that he is the President-elect, a question that comes to mind is, will he self-pardon himself?
Will presidential immunity apply to Trump?
The US Supreme Court in Nixon v. Fitzgerald (1982) ruled that US presidents have “absolute immunity” from civil damages for official actions taken while in office. However, this immunity does not apply to criminal investigations or persecution.
Technically, this immunity does not apply to Trump’s convictions on charges of hush money or retaining official US government documents after his term.
Will Trump self-pardon?
The US Constitution grants the president the power to issue pardons for federal offences. This power to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment” is granted by the constitution’s Article II, Section 2.
Now, whether he can self-pardon or not is a topic of debate. Legal scholars have long debated the constitutionality of self-pardons, and no president has ever attempted it.
Given how unpredictable Trump is, whether he will be the first US president to attempt self-pardon remains to be seen.
(With inputs from agencies)
