WASHINGTON (NewsNation Now) — President Donald Trump is preparing a list of more than 100 pardons and commutations for release on Tuesday but doesn’t plan to include himself, an anonymous source close to the proceedings told Reuters.
White House advisers have said Trump has privately discussed with advisers whether to take the step of issuing a pardon for himself.
The source, speaking on condition of anonymity to Reuters, said so far Trump does not plan to pardon himself and also does not plan to issue preemptive pardons for members of his family, another subject considered privately with advisers.
The source said the clemencies were expected to be issued on Trump’s last full day in office on Tuesday. His presidency ends at noon on Wednesday.
Many scholars have said a self-pardon would be unconstitutional because it violates the basic principle that nobody should be the judge in his or her own case.
Others have argued that a self-pardon is constitutional because the pardon power is very broadly worded in the Constitution. Historical texts made clear that the nation’s 18th-century founders discussed self-pardons, but opted not to include an explicit limitation on that power.
Trump was impeached by the Democratic-controlled House of Representatives last week on a charge of “incitement of insurrection” one week after the violent riot at the U.S. Capitol Complex. The House voted 232-197, including 10 Republicans, in favor of impeachment. His case proceeds to a Senate trial and if convicted, he could be potentially be disqualified from seeking another run for the presidency in 2024.
Reuters contributed to this article: Reporting By Steve Holland; Editing by Robert Birsel.