FAS

Can the President Pardon Himself?

08.29.17 | 1 min read | Text by Steven Aftergood

The Congressional Research Service has prepared a summary overview of the presidential pardon power, addressing various legal questions such as: “whether the President can issue ‘prospective’ pardons; whether the President can pardon himself; and the extent to which Congress can regulate or respond to the exercise of the President’s pardon authority.”

So can the President pardon himself?

“The Framers did not debate this question at the Convention, and it unclear whether they considered whether the pardon power could be applied in this manner. No President has attempted to pardon himself. . . Accordingly, this is an unsettled constitutional question, unlikely to be resolved unless a President acts to pardon himself for a criminal offense.”

See Presidential Pardons: Frequently Asked Questions (FAQs)CRS Legal Sidebar, August 28, 2017.

Other new and updated reports from the Congressional Research Service include the following:

Allowances and Office Staff for Former Presidents, FY2016-FY2018 AppropriationsCRS Insight, August 28, 2017

Transport Agencies Withdraw Proposed Sleep Apnea RulesCRS Insight, August 24, 2017

Kurds in Iraq Propose Controversial Referendum on IndependenceCRS Insight, August 25, 2017

China’s Economic Rise: History, Trends, Challenges, and Implications for the United States, updated August 26, 2017

China-U.S. Trade Issues, updated August 26, 2017

publications
See all publications
Global Risk
Report
Poison in our Communities: Impacts of the Nuclear Weapons Industry across America

As the United States continues nuclear modernization on all legs of its nuclear triad through the creation of new variants of warheads, missiles, and delivery platforms, examining the effects of nuclear weapons production on the public is ever more pressing.

08.07.25 | 2 min read
read more
Government Capacity
Blog
Direct File Is the Floor, Not the Ceiling

“The first rule of government transformation is: there are a lot of rules. And there should be-ish. But we don’t need to wait for permission to rewrite them. Let’s go fix and build some things and show how it’s done.”

08.06.25 | 5 min read
read more
Emerging Technology
Blog
Creating A Vision and Setting Course for the Science and Technology Ecosystem of 2050

To better understand what might drive the way we live, learn, and work in 2050, we’re asking the community to share their expertise and thoughts about how key factors like research and development infrastructure and automation will shape the trajectory of the ecosystem.

08.06.25 | 4 min read
read more
Emerging Technology
Blog
Why Listening Matters for Moonshot Programs: ARPA-I’s National Tour

Recognizing the power of the national transportation infrastructure expert community and its distributed expertise, ARPA-I took a different route that would instead bring the full collective brainpower to bear around appropriately ambitious ideas.

08.05.25 | 7 min read
read more