The First (the Only?) Federal Self-Pardon
Last week, the Philadelphia Inquirer published an op-ed by John Yoo and me. The op-ed argued that President Trump could pardon himself but cautioned that he would pay a heavy political price (we said a self-pardon would constitute “self-immolation”). The basic constitutional claim is that while the Constitution limits pardons in various respects, it does not bar a president from pardoning himself. Moreover, we noted that the Constitution often grants one branch the authority to judge, police, or aggrandize itself.
Part of the op-ed was left on the cutting floor. An earlier draft mentioned that self-pardons are not unprecedented. After he was found in contempt of court, Isaac I. Stevens, governor of the Washington territory, did himself a favor.