With the American criminal justice system fetching charges against former President Donald Trump, it seems likely that he may be convicted of a crime in the very near future but is a pardon possible?

When this happens, the question that the political system will have to address is whether or not he will receive a pardon.

Pardon Mr Trump?

Surprisingly yes, if he were to be convicted of a federal crime, he could be eligible for a presidential pardon, according to Politico.

According to the US Constitution, the president has the authority to pardon those who have committed federal offences. The president “shall have the Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment,” according to Article II, Section 2, Clause 1.

There are no restrictions on when a current president may issue a pardon, thus, he could pardon Trump before or after a conviction. However, it only applies to federal crimes, not state crimes.

Federal-level crime charges

Donald Trump is currently facing three federal-level crime charges.

The first case is with regards to the investigation of classified documents that were illegally retained by Trump at Mar-a-Lago, despite requests from the FBI and National Archives to have them returned several months prior.

Second is the investigation by a federal grand jury and the Securities and Exchange Commission determining whether Trump Media violated federal criminal laws during its initial public offering for Truth Social, and its alleged acceptance of $8 million in loans from entities linked to an associate of Russian President Vladimir Putin.

And third, is the inquiry into Trump’s involvement in the January 6, 2021 insurrection at the Capitol which currently includes the investigation of possible wire fraud about the substantial fundraising that took place over Trump’s unsubstantiated allegations of election fraud.

A pardon does not ‘erase’ the crime

A reprieve would not erase the fact that someone was charged with a crime or went through the legal system.

For some, accepting it is an admission of guilt. Past scenarios have shown that Trump habitually denies or refutes allegations thrown at him, so it is possible that he would decline a pardon if he does not want to admit to the crime.

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Source: Politico