With the transition of power now officially underway, President Donald Trump has discussed pardoning his three eldest children and his son-in-law, White House senior adviser Jared Kushner, according to a new report from The New York Times. Two people briefed on the matter told the outlet that the president, as his time in office nears its end, has begun discussing preemptive pardons for Donald Trump Jr., Eric Trump, Ivanka Trump and her husband, Kushner, fearing that the Justice Department under the incoming Biden administration “may seek retribution.”
The Times‘ report is supported by a Tuesday report from ABC News that the White House is in the process of vetting pardon requests. That report, citing multiple sources, said that “one idea that has been floated among Trump allies is the possibility of preemptive pardons for members of the Trump family.” On Monday, Trump ally and Fox News host Sean Hannity said that he believed Trump should pardon his family before leaving the White House, who said, “the president out the door needs to pardon his whole family and himself because they want this witch hunt to go on in perpetuity, they’re so full of rage and insanity against the president.”
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At this time, it remains unclear what Trump may pardon his children and other family members for. The Times notes that Trump Jr. was investigated during special counsel Robert Mueller’s investigation into Russian interference in the 2016 election. He was never charged. Meanwhile, Kushner gave false information to federal authorities about his foreign contacts during an investigation into his security clearance. Providing inaccurate or incomplete information during background checks for security clearances is a federal crime. The outlet adds that “the nature of Mr. Trump’s concern about any potential criminal exposure of Eric Trump or Ivanka Trump is unclear.” However, the Manhattan district attorney is looking into the Trump Organization’s alleged tax violations.
According to ABC News‘ sources, the preemptive pardons are viewed as an “insurance policy.” One top advisor pushing for the pardons said, “kids have been through enough.” Sources, however, said that the president “has not to this point embraced the idea of preemptive pardons,” and some aides fear the potential pardons “could be seen as an admission of guilt of some kind.”
The president has broad power to issue pardons for federal crimes under the US Constitution, including family members. Although doing so is highly unusual, it is not unheard of. In 2001, former President Bill Clinton pardoned his brother for a 1985 cocaine possession and drug-trafficking conviction, Business Insider reports. While the president can pardon federal crimes, a presidential pardon does not protect against the state or local crimes.
