DID TRUMP TRY TO PARDON HIMSELF?
I have been interested in this question for some time. Even before I was interested in this question, I was interested in a related, earlier question: Would Trump try to pardon himself? In fact, I wrote a diary entitled, “Even the King, at the Cost of His Head, Did Not Try to Pardon Himself.”
I concluded that he could not. But, there is a split of authority.
Others thought that he could.
A definitive answer was needed to this unanswered question, so I sent tweets and emails to the AP and MSNBC and NBC and CBS suggesting that they file a Freedom of Information Act request to find that definitive answer. As far as I can tell, no media organization did.
GETTING AN ANSWER
No help from the media forthcoming, I sent the request you see at the top of this story.
I have sent FOIA requests to the FBI in the past, as well as FOIA (or Public Records requests) to state agencies, legislatures and governors. In almost every single instance, the custodian of records has responded with the requested documents or a statement that no such documents exist. In two of approximately fifty such requests, I had to sue asshole Republican governors (Sam Brownback of Kansas and Pat McCrory of North Carolina) in state courts. They provided the information before the first court hearing.
It was no surprise, then, for the United States Attorney General’s office to provide a response. This is what they sent to me:
In relevant part, the response reads as follows: “Please be advised that a search has been conducted in the Office of the Deputy Attorney General, and no records responsive to your request have been located.”
IS THAT A DEFINITIVE RESPONSE?
There is no way that I would qualify as an expert at federal FOIA responses, but from the ones that I have seen, this seems to be definitive, but with a couple of caveats. I would suggest four:
First, the response noted that a search was done in the Office of the Deputy Attorney General. My request specifically demanded documents from the Office of the Attorney General. Wouldn’t you expect documents of this kind to be in the control and possession of the actual USAG?
Second, it could be that the DOJ has not charged Trump with any crimes or threatened him sufficiently at this point to force him to divulge any self pardon. I would think that with subpoenas flying all over the place, though, the issue would have already presented itself. I just don’t know that.
Third, it could be that if the DOJ does charge Trump with a crime, he will fabricate a self pardon out of thin air. Could you see that happening?
Fourth, it could be I’m missing something. Am I? You can help me in the comments.
REASONS FOR NO SELF PARDON
Back in January of 2020, when a second impeachment was in the air, and when the orange traitor fuckpudding was about to vacate the premises, CNN and Business Insider reported that Trump did not issue a pardon for himself or his family members. I was leery of this reporting because it was solely based upon anonymous sources “familiar with the matter.”
In other words, Trump henchmen.
Not under oath.
Still, there are good reasons not to invoke a self pardon. For example, it would require Trump to enumerate every crime for which he was pardoning himself. It would also mean that he would be waiving any right to self incrimination. What do you think?