Can Trump pardon his kids for Federal crimes?

We all know Donald Trump has been involved in quite a few dubious business practices. Since he has refused to put his money in a blind trust there are a stunning number of conflicts of interest between his personal business interests and his future Presidential duties. Several of his adult children will be in a position to rake in the money.

Article II of the Constitution states:

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them

This can be presumed to mean that the President may not use his office for personal gain while he is in office. This would doubtless include conducting government business with the intent of increasing the President's private wealth.

The Constitution also says:

"The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

Using the Presidency for shady profit schemes sounds like a high crime and/or misdemeanor. If Donald Trump is impeached for using his office for personal gain it is likely that one or more of his adult children will be involved. If evidence of crimes on the part of Trump offspring or associates comes to light before or during impeachment proceedings can Trump pardon his accessories?

According to Article II of the Constitution the President

shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Does this mean only that Trump cannot pardon himself or that he cannot pardon others involved in his misconduct?

What if Trump issues blanket pardons for his relatives and associates an hour before a vote for impeachment occurs? Are Trump offspring still protected from Federal prosecution if their Dad is then impeached for involvement in their business dealings?

Is the pardon of Presidential relatives for insider use of government power an impeachable offense in itself?

Are the kids accesories to a crime if Trump makes policies to enrich the family?

$$$$$$$$$$$$$$$$$$$$$$

The Presidential pardon does not seem to have very many restrictions.

Throughout U.S. history the courts have interpreted this clause to give the president virtually unlimited power to issue pardons to individuals or groups and to impose conditions on the forgiveness."

"The power to pardon applies only to offenses against the laws of the jurisdiction of which the pardoning official is the chief executive. Thus the president may only pardon for violations of federal law, and governors may only pardon for violations of the laws of their states.

A president or governor may grant a full (unconditional) pardon or a conditional pardon. The granting of an unconditional pardon fully restores an individual's civil rights forfeited upon conviction of a crime and restores the person's innocence as though he or she had never committed a crime. This means that a recipient of a pardon may regain the right to vote and to hold various positions of public trust.

http://legal-dictionary.thefreedictionary.com/Presidential+pardon

A Trump pardon would only provide immunity from Federal prosecution. It would not protect the Trumps from civil lawsuits. Trump does not seem to be very worried about being sued, though.

Unless the pardon expressly states that it is issued because of a determination that the recipient was innocent, a pardon does not imply innocence. It is merely a forgiveness of the offense. It is generally assumed that acceptance of a pardon is an implicit Acknowledgment of guilt, for one cannot be pardoned unless one has committed an offense.

http://legal-dictionary.thefreedictionary.com/Presidential+pardon

Most Presidents have cared about their legacy. Trump is unlikely to care about his Presidential legacy. Trump regularly denies that he did anything wrong even when there is videotaped proof. Will any of the Trumps involved in The Donald's business dealings be bothered by mere stigma if they need a pardon?

What if Trump issues a blanket pardon to all of his adult offspring for any illegal actions they may have committed? Will we be able to have a Federal investigation into any possible misconduct?

Blanket pardons do not seem to require that the recipient acknowledge guilt. They do not even have to say what crime is being pardoned or when it occurred.

One of the most famous blanket pardons was given to Richard Nixon by his successor, Gerald Ford. According to the text of the pardon signed by President Gerald Ford:

As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution.

It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.

Now, Therefore, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.

http://www.presidency.ucsb.edu/ws/?pid=4696

Pardons for ordinary citizens generally require acknowledgement of guilt and a clear demonstration of changed behavior by the criminal:

A “pardon” is a presidential act of forgiving a person for a federal crime and is typically granted only after the convicted person has accepted responsibility for the crime and has demonstrated good conduct for a significant period of time after their conviction or completion of their sentence. Like a commutation, a pardon does not imply innocence. A pardon may also include forgiveness of fines and restitution imposed as part of the conviction. Unlike a commutation, however, a pardon does remove any potential civil responsibility. In some, but not all cases, a pardon eliminates the legal grounds for deportation.

http://usgovinfo.about.com/od/thepresidentandcabinet/fl/Presidential-Par...

It is unlikely that the Trumps feel they are ordinary citizens.

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Pluto's Republic's picture

Thanks for putting it together. Mission accomplished. Of course, everyone who goes to DC comes back a lot richer. Winning an election is like hitting the lottery in the US. But these passages DO refer directly to the President.

You did a great job breaking it down. Using this same reasoning, it would be a snap to impeach Hillary under the same laws.

This emphasis on pardoning others, especially his children, sounds a bit amped. They seem like nice Democrats, to me. If he's impeached, they won't really have time to structure a major crime based on insider information.

President Pence isn't exactly our salvation. I believe he is considered a snake in the grass. Kaine, too, for that matter.

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IMAGINE if you woke up the day after a US Presidential Election and headlines around the the world blared, "The Majority of Americans Refused to Vote in US Presidential Election! What Does this Mean?"
asterisk's picture

It is kind of like a choice between Torquemada or Henry VIII. An avaricious, self-centered person is easier to deal with than someone who wants to save my soul whether I want to be 'saved' or not.

I think the Republicans may leave Trump in office for a few months to provide a distraction while they pass some bills that the 99% would strongly oppose if they were not busy watching the Trump circus. By then the Rs will have given Trump plenty of rope, and he will doubtless be pursuing get-richer-quick schemes with it.

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edg's picture

"emolument from the United States, or any of them" means that except for his official presidential paycheck, he cannot draw other salary or payment from the US government or from any state government. It has nothing to do with income he generates from his businesses, only from the Federal or state governments.

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Hawkfish's picture

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Article II rules out domestic profit, but this clause seems to rule our foreign profit as well.

Maybe one of our legal eagles (Steven D?) can weigh in.

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We can’t save the world by playing by the rules, because the rules have to be changed.
- Greta Thunberg

edg's picture

But the essay brought up Article II, not Article I, and that's why my comment pointed out the problem with the essay regarding Article II.

Article I is much trickier. It's a bit of a leap to say that a foreign government official staying at a Trump Hotel is an emolument. And adding to the confusion is the Clinton Foundation accepting multimillion donations from foreign governments seeking audience with Hillary. It should be an interesting discussion. If I were Trump, I'd keep harping on Clinton's misdeeds.

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asterisk's picture

I was thinking of unreasonably profitable, no-bid government contracts and things like that. Emoluments from Foreign Princes, etc. are also likely to be a potential issue.
I am not an attorney but would love to hear a legal analysis of the situation.

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question was studied back when Nixon was impeached and the answer was yes...and that seems to be the prevailing legal opinion...of course, a self-pardon would be no barrier to impeachment and removal from office, since impeachment is a political question as well as a legal question.

So...sure, Trump could pardon his kids but I don't think that would be a barrier to impeaching him...

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skod's picture

Doesn't matter if it wasn't legal *last* year. He'll shortly have the SC packed with a permanent Republican-leaning crew that will give him anything he wants, when he needs it- so the lower courts and all those little-people laws really won't matter. He's just the guy for the job. We just elected a King, and we all know how Kings feel about enriching their families...

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orlbucfan's picture

Kings also get beheaded at times. Nasty way to go. Rec'd!

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Inner and Outer Space: the Final Frontiers.

gendjinn's picture

or you'll be hunted down relentlessly.

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