What are ‘preemptive pardons’, that Donald Trump may grant to his kin, aides

With six weeks remaining until he leaves the White House, US President Donald Trump is considering preemptively pardoning his close ally and lawyer Rudy Guiliani, three of his children – Donald Trump Jr., Eric Trump and Ivanka Trump – and his son-in-law Jared Kushner.

The US President has the constitutional right to pardon or commute sentences related to federal crimes. The US Supreme Court has held that this power is “granted without limit” and cannot be restricted by Congress.

Clemency is a broad executive power, and is discretionary — meaning the President is not answerable for his pardons, and does not have to provide a reason for issuing one. There is also no rule preventing the grant of pardons that could raise the appearance of a conflict of interest.

But there are a few limitations. For instance, Article II, Section 2 of the US Constitution says all Presidents “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”.

Further, the power only applies to federal crimes and not state crimes — those pardoned by the President can still be tried under the laws of individual states.