Mark Levin says Trump could pardon himself from state charges if re-elected

By Jen Krausz on
 August 18, 2023

Legal expert and radio and Fox News host Mark Levin said on his TV show and on social platform X this week that former President Donald Trump could pardon himself from state charges if he is re-elected to the presidency.

Conventional wisdom had been that Trump couldn't pardon himself from state convictions, only federal ones, but Levin disagrees.

He said that the Constitution prohibits indicting a sitting president because it would prevent him from discharging his duties--and this applies to state as well as federal indictments.

He also argued that the U.S. Constitution’s Supremacy Clause overrides state law on pardons, so if a president can pardon himself on the federal level, it should apply to state convictions as well.

It may very well be that the partisan prosecutions against Trump make it nearly impossible for him to get a fair trial in one or more jurisdictions, so pardoning himself may be the only way to find relief from a purely political conviction.

It's all completely unprecedented because until Trump, political leaders and government officials actually cared about their reputations and would not have dared to prosecute a former president for trumped-up and minor offenses.