Michigan State University College of Law Professor Brian Kalt discussed presidential self-pardon authority on The Bench Press, a podcast focused on politics and the law. A constitutional law scholar, Professor Kalt has done extensive research on the legality of presidential self-pardons and shared his findings on the podcast, “Can Trump Pardon Himself?”
“When I was second-year law student, I asked my professor if a president could pardon himself. He didn’t know and told me to look into it,” said Kalt. “At the time, people said it was ridiculous and would never come up, but it has come up. President Nixon considered it and some people speculated George H.W. Bush would pardon himself.”
The subject of presidential self-pardons has resurfaced lately in response to federal indictments of former U.S. President, Donald Trump. The Bench Press podcast site framed the discussion with Kalt, referencing former President Trump as “teasing the possibility that he would use the pardon power to insulate himself from criminal liability if elected president, the question has reentered the public sphere with a vengeance.”
Considering the likelihood of a president self-pardoning was a question Kalt wanted to find the answer to back in 1995. “I thought this would be helpful to think about in advance because if you wait until an actual case, then everyone would answer based on what president they like,” he said. “I wanted an answer based on what the constitution says. Regardless of who you like, the constitution has requirements to be followed.”
Kalt has been a regular guest on numerous programs sharing his research. He says he likes the idea of reaching an audience he typically wouldn’t through traditional publications.
“I do a lot of podcasts and they generally ask really good questions,” he said. “I get to get my work out to people I wouldn’t ordinarily reach. Not many people pick up the latest copy of the law journal or academic press books, so I like the opportunity to reach out to mass audiences.”
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