WASHINGTON – Donald Trump would apparently not be able to pardon himself if convicted in two of the criminal cases against him even if he retakes the Oval Office — because they involve state as opposed to federal charges.
If elected president in 2024, Trump would again be receiving pardoning powers — which are broad by nature — but only in federal cases. That power does not extend to state and local convictions.
He has two federal cases against him: one involving the alleged retention of classified documents at his personal residences and another related his reputed efforts to overturn the 2020 presidential election results and foment rioting on Jan. 6.
“[The president] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment,” the Constitution states.
But it appears Trump – or any other president – would not have the authority to overturn the possible convictions in his first and last criminal indictments this year, in Manhattan and Fulton County, Ga.
Those cases, one involving “hush money” payments made to porn star Stormy Daniels and another regarding his alleged attempts to overthrow Georgia’s 2020 election results favoring Joe Biden, were filed in state courts under state laws – over which the Constitution does not grant presidential pardoning powers.
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The charges in those two state cases carry combined potential prison sentences of up to 207 years, although Trump would never be sentenced to anywhere near that amount of time, experts have said.
As of Tuesday, Trump faces 91 charges in the four indictments – 44 of which are federal and could be subject to president pardons.
However, there is an option of last resort in one of the state cases – that which was brought by Manhattan District Attorney Alvin Bragg.
Trump could potentially sweet-talk a New York governor to pardon him on the 34 felony counts in that case – though that option seems far from likely under Democrat Gov. Kathy Hochul.
Still, the former president’s chances at breaking free of a possible conviction in his Fulton County case are limited to the appeals process alone, which goes through its parole board, as Georgia is one of just a handful of states that does not provide its governor with pardoning authority.