Why Donald Trump can Probably Pardon Himself

In the wake of some earth-shattering journalism from the big outlets on why Trump can’t pardon himself, I thought I would provide three concise reasons why Donald Trump can indeed pardon himself.

1. The Constitution grants an unlimited pardon power except in cases of impeachment. According to article II clause I “He shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This is plainly an unlimited pardon power, except in cases of impeachment.
2. Previous caselaw has held that the pardon power is not reviewable by Congress or the Supreme Court. Says US v. Klein “It is the intention of the Constitution that each of the great coordinate departments of the government — the Legislative, the Executive, and the Judicial — shall be, in its sphere, independent of the others. To the executive alone is intrusted the power of pardon; and it is granted without limit.”
3. Even if a self-pardon was wrongful, nobody would have standing to challenge it in court. A trump pardon doesn’t cause injury in fact and depending on your view of whether courts can review pardons, isn’t redressable in the courts.

It’s not complicated. Read the plain text, not the sophistic gymnastics of the Washington Post. Even the usually respectable Volokh Conspiracy is getting in on the nonsense. Sad but not surprising.