President Donald Trump, who is on the verge of leaving office, has been making inquiries from his aides and lawyers regarding his power to pardon himself. With calls for him to be removed immediately from office growing rapidly, the president understandably fears probes from President-elect Joe Biden's incoming administration.
Multiple sources told CNN that Trump has been asking his loyal supporters in the White House and lawyers, including White House counsel Pat Cipollone about the pardon power of the president, with one source telling the outlet that some of those conversations have happened recently. It is unclear whether those conversations have been triggered by Wednesday's mayhem at the Capitol, triggered by Trump's conspiracy theories.
There is also a possibility that pro-Trump protestors would have broken into the Capitol provoked by Trump's controversial call with Georgia Secretary of State Brad Raffensperger, wherein the president demanded he finds votes to overturn the election results in the state. A source close to the president said that Trump inquired about political, as well as legal consequences of a self-pardon.
The New York Times cited two sources in its report about Trump suggesting multiple times in conversations since Election Day that he plans to pardon himself. Aside from that, he has asked for legal opinions on whether he is authorized to issue a self-pardon and has received advice regarding the potential political fallout.
The source said it was unclear whether Trump would go as far as issuing a self-pardon. Another person familiar with the matter noted that it is not in the process in the White House currently. However, there is a possibility that it might happen. Moreover, there is a possibility that the Department of Justice Office of Legal Counsel might already, by reviewing the matter, the person added.
Trump allies, including Sean Hannity on Fox News, have publicly suggested that Trump should do it. In one of his tweets, Trump stated that he believes he has the authority to self-pardon. Citing numerous legal scholars, Trump wrote that he has the power to pardon himself but noted that he doesn't need to do it because he hasn't done anything wrong.
According to a Justice Department legal memo, presidential self-pardon is not possible. However, the president can step down and ask his vice president to pardon him after taking over. CNN legal analyst Elie Honig said last year that a self-pardon could trigger a series of legal challenges in a bid to undo the maneuver.