We the People The Presidential Pardon Power
May 8, 2025
Brian Kalt, a law professor and author, teams up with Jeffrey Toobin, a legal analyst and seasoned author, to delve into the complexities of presidential pardon power. They discuss the founders’ intentions, exploring the legitimacy of self-pardons and the evolving nature of clemency through American history. Topics include the controversial Nixon pardon, the implications of modern pardons issued by Biden and Trump, and the tension between accountability and presidential immunity, providing a thought-provoking look at the balance of power in governance.
AI Snips
Chapters
Books
Transcript
Episode notes
Self-Pardons Likely Constitutional
- The Constitution does not explicitly prohibit a president from pardoning himself.
- Textualist Supreme Court justices would likely see self-pardons as constitutional, despite historical objections.
Textual Arguments Against Self-Pardons
- Self-pardons conflict with Anglo-American traditions against self-judging.
- Textually, pardons must be granted to others, not oneself, implying self-pardons are infeasible.
Former Presidents Accountability Shift
- Original understanding assumes former presidents can be prosecuted for crimes committed in office.
- Trump v. United States radically diverges by shielding former presidents from prosecution for official acts.
