Anticipating President Donald Trumpâs likely end-of-term pardon spree, many commentators have suggested that, given the breadth of the pardon power as set out in the Constitution, it would be lawful â if galling â for the president to issue proclamations that let his family off the hook for any and all federal offenses committed during his administration.
But itâs not so simple. A stronger case can be made that Trump cannot constitutionally wipe the slate clean for his children.
Start with a point that everyone this side of Rudy Giuliani would acknowledge. Despite the Constitutionâs categorical wording â it sweepingly authorizes the president to âgrant Reprieves and Pardons for Offenses against the United Statesâ â not everything goes. The pardon authority canât be construed to allow a president to commit a crime or to violate constitutional principles in exercising it. He or she couldnât decide, for instance, that only members