U.S. President, Donald Trump is opting not to issue a pardon for himself this point as he prepares an expansive list of more than 100 pardons and commutations for release on Tuesday, a source familiar with the effort said.
White House advisers have said Trump has privately debated with advisers whether to take the extraordinary step of issuing a pardon for himself but some administration officials have cautioned against a self-pardon because it would make him look guilty.
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.
A source, speaking on condition of anonymity, 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 he has discussed privately with advisers.
Trump, who has already issued two waves of pardons in the past month, met advisers on Sunday to finalize a list of more than 100 pardons and commutations, the source said.