Trump Self-Pardon?...Staff and Justice Department Both 'Shake Their Heads'

Pat Cipollone Opposes William Barr
1974 U.S. DOJ Opinion: No Self-Pardon Allowed
Attention on Whether Pence Will Be Pardoned After Trump Resigns

[Asia Economy Reporter Naju-seok] Legal advisors are reportedly opposed to the so-called ‘self-pardon’ that U.S. President Donald Trump is considering.

On the 11th (local time), CNN cited multiple sources reporting that Pat Cipollone, White House Counsel, and former Attorney General William Barr, who retired at the end of last year, expressed opposition to the self-pardon.

[Image source=Reuters Yonhap News]

U.S. media have repeatedly reported that President Trump is considering a self-pardon for himself, his family, and close aides. It is not known whether President Trump is still contemplating a self-pardon following the storming of the U.S. Capitol by his supporters, but since federal prosecutors are reviewing ways to hold President Trump legally accountable for the Capitol riot, the need for a pardon has increased for him. Because of this, there are growing concerns that President Trump might attempt a self-pardon to avoid criminal prosecution.

According to CNN, Cipollone and Barr have long expressed opposition to the self-pardon. In particular, former Attorney General Barr opposed the self-pardon citing a 1974 memo prepared by the Department of Justice. This memo was created during the presidency of Richard Nixon and contains the DOJ’s judgment on the scope of presidential pardon powers amid the impeachment crisis related to the Watergate scandal. At that time, the DOJ stated, “No one may be a judge in their own case,” concluding that the president cannot pardon himself. Because of this, former President Nixon chose to resign, allowing Vice President Gerald Ford to succeed him and subsequently pardon Nixon.

[Image source=AP Yonhap News]

Generally, White House legal counsel seeks the Department of Justice’s opinion on significant legal issues. However, Cipollone and others have reportedly not yet requested a legal review from the DOJ regarding the self-pardon. This suggests either they do not consider a legal review necessary or they do not intend to overturn the DOJ’s 1974 position.

The key question is whether President Trump will pursue a self-pardon despite opposition from his advisors. Notably, Cipollone and Barr, who are known for broadly recognizing presidential powers, opposed the self-pardon. If even they oppose it, it will be difficult for arguments supporting a self-pardon to gain credibility.

President Trump might also consider following Nixon’s precedent by transferring the presidency to the vice president and then receiving a pardon. However, this too faces doubts about its feasibility due to sharply divided opinions on issues ranging from the certification of the presidential election results to the Capitol riot by Trump supporters.

This content was produced with the assistance of AI translation services.