` `

Trump May Issue Pardons for Family Members

Zach Rathner Zach Rathner
Politics
4th December 2020
Trump May Issue Pardons for Family Members
Trump would not be the first president to pardon his family members (Getty Images).

The Claim

President Donald Trump can issue pardons for his family members.

Emerging story

Following his loss in the 2020 presidential election, news stories began circulating that suggested that Donald Trump could grant preemptive pardons for undetermined crimes to Donald Trump Jr., Eric Trump, Ivanka Trump, and Jared Kushner.

Users across social media continued to push this claim.

Misbar’s Analysis

The Misbar team has determined that the claim is true. Trump could issue presidential pardons for his family members and he wouldn’t be the first President to do so. On his final day in office, former President Bill Clinton pardoned his half-brother, Roger Clinton, who had been convicted for conspiracy to distribute cocaine and distribution of cocaine in 1985.

While Trump pardoning members of his family before a crime is investigated or before a person is charged or convicted has drawn criticism, the Supreme Court stated back in 1866 that a pardon is applicable “to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment.”

What makes Trump’s potential pardons unique is the fact that no one in his family has been charged with any crimes yet. Business dealings made by Trump’s family are currently being investigated by New York state and municipal authorities and a preemptive pardon would not shield them from those investigations. The president’s pardon capabilities are limited to federal jurisdictions only.

With former President Clinton pardoning his half-brother back in 2001, Trump would not be the first president to pardon his family members.

Misbar’s Classification

True

Misbar’s Sources

Read More

Most Read