Awaiting the Self-Pardon
1/10/21
Things are moving rapidly in Washington, and pressure on Trump and the Republicans is mounting to do something to at least seemingly assure the American public that nothing like the events of January 6 at the US Capital will be repeated before Biden is inaugurated. Unfortunately, Trump’s persistent lying has motivated the actions of such a large group of Trump supporters that no such assurances can be credibly given — even if he were to resign or be removed. Moreover, another shoe is sure to drop. That is, Trump is bound to pardon himself.
If it weren’t so serious, it would be laughable. I ask you to turn back the clock by four years. Who in their right mind would have thought that the notion of the president pardoning himself would have any chance of being taken seriously four years ago? And yet, here we are today. The idea of a self-pardon is actually being debated. Seriously?!? A self-pardon puts the president above the law, violating a principle that is as quintessentially American as, well…democracy, itself. Anyone encouraging Trump to take this action deserves condemnation — not thoughtful consideration. The idea that it should have to go to the Supreme Court for resolution is a mark of how absurdly extreme the Republican party has gotten. Years ago, the question of whether a president could self-pardon — or of having to look to any higher authority like the Supreme Court to resolve this question — would have been inconceivable. This idea is so abhorrent, it should be rejected out of hand, by Democrats and Republicans, alike; and certainly, those in Trump’s inner circle should forcefully advise against it.
Some norms have to be protected, at all cost, and precluding a presidential self-pardon is one of them. Trump can, will, and has made myriad outlandish claims. In the past, while Democrats have largely been appalled by his lies, many Republicans have chosen simply to ignore them or give them little consideration. Still, he’s managed to cultivate a core of followers who believe whatever he has to say; or if they don’t believe him, they still stand ready to do his bidding. A case in point are the 138 Republican members of the House of Representatives who effectively voted to further the lies that the 2020 election was stolen and that Trump actually won a “landslide” victory. I expect that most of those Republicans know these are lies, but some (hopefully) small minority actually believe them to be true. You can sort of shake your head and wonder about those who believe him. They’re in a cult and not likely be reasoned out of their delusions; but those who don’t believe him and still act to further his agenda are being willfully destructive, and they deserve the contempt that they are generating. These are likely to be the same people who will champion the idea that a self-pardon is a legitimate use of authority. But it’s not. When the self-pardon comes, as I’m sure it will, it will be just one more impeachable offense that we can add to Trump’s list of accomplishments and one more blemish on the people who may be endorsing it.
