Trump promising preemptive mass pardons

Doing a John Roberts…for everybody:

President Trump has repeatedly promised his top administration officials pardons before he leaves office, according to people who have heard his comments.

“I’ll pardon everyone who has come within 200 feet of the Oval,” Trump said in a recent meeting to laughs, according to people with knowledge of the comments. That radius appears to be expanding as the president repeats the line. Another person who met with Trump earlier this year said the president quipped about pardoning anyone who had come within 10 feet. 

In one conversation with advisers in the dining room next to the Oval Office last year, Trump said he would host a news conference and announce mass pardons before he left office, some of the people said. The people said they weren’t aware of specific pardons being offered to specific people for specific acts.

The unconditional power to pardon is one of the most sweeping powers offered to the presidency. This term, Trump has wielded clemency far differently than any other president, dispensing some 1,600 grants to date. Many have gone to allies and donors, or those who had hired them, coming after a social pull-aside or a round of golf. Some have received bipartisan criticism, including one to a crypto billionaire whose company boosted Trump’s own digital-currency company, and another to a former Honduran president convicted of conspiring with cartels to ship cocaine to the U.S. In Trump’s first term, he signed fewer than 250 pardons and commutations. 

The president has repeatedly raised the specter of pardons with White House aides and other administration officials, particularly when staff have suggested they could face prosecution or congressional investigations over decisions, people familiar with the comments said. Trump is known to joke about matters that he later seriously pursues, and the frequent references have led some aides to believe he is serious about the pardons, too. 

The unconstrained pardon power — or power constrained only by natural forces — was not one of the framers’ better ideas. That said, there’s not really an institutional mechanism to check determined lawlessness effectively. Even if the pardon power was constrained, would anyone appointed to such an office actually constrain Trump? The odds are not good. The most important check is political, and the electorate really dropped the ball in 2024.