Mike Pence Would Not Likely ‘Incriminate Himself’ By Pardoning Donald Trump, Expert Says
In a Wednesday Twitter thread, CBS News election law expert and contributor David Becker argued that Vice President Mike Pence would not likely offer a pardon for Donald Trump if presented with the opportunity to do so.
According to Becker, experts like himself believe that it’s unlikely courts would sustain a self-pardon. He pointed to the Department of Justice guidance and what is known about pardon power to support his claim. Without this option, the election law expert turned to the possibility that Trump would resign and seek out a presidential pardon from Pence.
“However, given their relationship, that’s unlikely as well, and furthermore, if a pardon is part of a crime in itself (bribery, obstruction, conspiracy, or other criminal activity), the grant of such a pardon would be subject to criminal liability for that act,” he wrote.
“As unlikely as Trump resigning due to his incitement of insurrection, among other illegal acts, it’s perhaps even more unlikely that VP Pence, who has acted recently with notable recognition of his legal duty, would potentially incriminate himself with a pardon of Trump.”
For weeks there has been speculation over whether Trump will seek clemency from Pence. As The Inquisitr reported, columnist Brent Budowsky predicted that Trump would use the lame-duck phase of his presidency to pardon allies and family members before stepping down and having Pence pardon him. The writer predicted that Trump might have to devote significant time to court battles over the coming years, noting that a pardon would remove the burden of federal cases.
According to CBS News, senior White House officials connected to Pence, Treasury Secretary Steven Mnuchin, and chief of staff Mark Meadows have claimed that Trump will not resign or ask Pence for a pardon. The publication suggested the head of state does, however, continue to ask about his ability to offer himself a pardon, which has no legal precedent in American history.
“The president worries about his legal exposure post-presidency, but not necessarily related to the assault on the Capitol,” the outlet wrote.
In addition, The Hill reported that Pence’s relationship with Trump has taken a turn for the worse. The news outlet claimed that Trump was upset that Pence did not break the law by rejecting Democrat Joe Biden’s electoral victory. According to the publication, the pair spoke on Monday for the first time since the Capitol riots that led to threats on Pence’s life. Notably, Capitol protesters were allegedly urged to hunt down the vice president amid the chaos that broke out at the historic American building on Wednesday.
