If Convicted, Can Trump Issue Himself A Self-Pardon?

Former President Donald Trump, who is now facing several criminal charges, may have the power to pardon himself with a "pocket pardon" in case he is convicted of any crime.

While this is a highly-speculative option, Trump may have saved himself from any future criminal charges if he issued a "pocket pardon" when he was the sitting president and kept it tucked away in a drawer to use later on, per POLITICO.

It is unclear if Trump issued himself a pardon while he was in the White House. However, the former president previously floated plans to give himself a pardon following the riot at the Capitol in January 2021, The New York Times reported, citing two sources with knowledge of the matter

That being said, it is unclear if a "pocket pardon" can be done. No court has ever faced a case where they are forced a consider whether a president can pardon themselves for crimes committed while sitting in the Oval Office. However, according to Article I, Section 3 of the Constitution, a person who has faced an impeachment — which cannot be pardoned under Article II — will "nevertheless be liable and subject to indictment, trial, judgment and punishment."

Arguably, according to Section 3 of the 14th Amendment, Trump will likely be unable to issue a self-pardon if he is convicted of crimes related to inciting or engaging in an insurrection or rebellion.

On that line, Trump was impeached by the House of Representatives for his role in inciting the deadly insurrection at the Capitol on Jan. 6, 2021.

The former president is the subject of at least four major investigations. In Manhattan, he is facing 34 felony charges of falsifying business records in relation to making hush money payments to ex-porn actress Stormy Daniels before the 2016 election. Prosecutors for the case are now seeking a January 2024 trial.

In the state of New York, the Trump Organization was found guilty of 17 tax fraud counts in relation to tax-dodge schemes from 2005 to 2018.

In Fulton County, Georgia, Trump is being investigated for attempting to interfere in the 2020 presidential election in the state. His efforts included calling on Georgia Secretary of State Brad Raffensperger to help him "find" votes to win against then-presidential candidate Joe Biden in Georgia.

The Justice Department has also investigated the role that Trump and his allies played in attempting to overturn the 2020 election results and prevent a peaceful transfer of power. The department has so far remained silent on whether it will consider bringing charges against Trump.