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What actually are Trump's pardoning powers?

Donald Trump beside man in black suit

Updated: January, 7 2021 .

It is absolutely no secret that President Donald Trump will do whatever it takes to prove he is the rightful winner of the 2020 election and must remain in the White House for four more years.

As Trump is entering the final weeks of his presidency, he is expected to make the most out of the presidential tradition of granting pardons. As his presidency quickly comes to and end, Trump has since considered pardons for his children, Donald Trump Jr., Eric Trump and Ivanka Trump , senior White House adviser Jared Kushner, and close associate former NY Mayor Rudolph W. Giuliani.

He has also considered pardons for himself in light of the recent attacks on the U.S. Capitol Wednesday. Aides close to the president warned him about legal consequences of the attacks considering Trump urged protestors to march to the Capitol beforehand.

Trump—who faces many legal challenges that include fraud allegations and lawsuits— will no longer have access to the expansive legal protection the presidency encompasses once he leaves the White House on January 20.

How does the presidential pardon work?

All of the modern presidents in U.S. history have the constitutional right to pardon or commute the sentence of people who broke federal laws.

The president has the ability to pardon individuals for almost every crime committed in this country. He doesn't have to provide much of a reason for issuing the pardon.

There are a few limitations to this power, however.

For example, the president cannot issue a pardon in the impeachment of other officials.

Article II, Section 2 of the U.S. Constitution states all presidents "require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

This power is only in federal cases, though.

Even if he were pardoned, he would still face state investigations about his business deals and finances.

Although the presidential pardoning powers are broad, Trump, just like presidents before him, had the ability to pardon friends and family without issues. Earlier this year, he commuted Roger Stone's ( an ally) sentence, who was convicted of lying to Congress and tampering with evidence in 2019.

Trump is not the first president to give out self-serving pardons.

On former President Bill Clinton's last day of office, he pardoned his half-brother Roger Clinton for drug charges after serving a decade earlier. Also, former President George H.W. Bush pardoned six former officials in the Iran-Contra scandal. Bush was even suspected to be involved.

Can Trump honestly pardon himself?

In all of U.S. history, besides now, no president has ever tried to self-pardon, so courts haven't delved into all facets of the issue at hand. Regardless, over the years, Trump has insisted that he has the "absolute right" to pardon himself if need be.

Members of Trump's legal team looked into the president's legalities, pardoning not himself and family just in case something particularly incriminating were to emerge from special counsel Robert Mueller's Russia investigations. Collectively, experts and the general public could agree that self-pardoning comes off unconstitutional because no one should judge his or her own case. People are always going to paint themselves in the best light, proclaiming innocence.

In 1974, before former President Richard Nixon could resign after facing impeachment for the Watergate scandal, the Justice Department Office of Legal Counsel created a memo saying "under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself."

Nixon's former Vice President and successor, Gerald Ford, ended up pardoning any federal crimes he may have committed during his term.

If this is not the power of friendship, I don't know what is.


Is there any way that Vice President Mike Pence can pardon Trump?

Even though the justice department said that Nixon could not pardon himself, it also lay down an unexpected alternative that Trump could also opt to step down temporarily (Pence becomes the 46th president), and then granted a pardon by Pence. Trump could then regain power all over again.

The U.S. Constitution's 25th amendment also allows a president to temporarily resign and hand over the candidacy to the Vice President, who will act on his behalf until he returns to office. There is a possibility that Trump could resign before Inauguration Day after concocting a deal with Pence.

However, an agreement like this could put Trump in more trouble then he might already be in. For one, it would violate the U.S. federal bribery statute, which states that any public official can be faced with criminal charges if he or she "directly or indirectly, corruptly gives, offers or promises anything of value to anyone who is a public official or who has been selected to be a public official or offers or promises any public official..."

This deal is a blatant admission of guilt that I don't think Trump could ever bring himself to do.

What presidential pardons has Trump already issued?

Trump has issued an array of presidential pardons that were a bit controversial since he started his term. Trump pardoned people such as right-wing author and filmmaker Dinesh D'Souza , Joe Arpaio, the former Maricopa County Sheriff, who was found guilty of being in contempt of court for blatantly ignoring a federal judge's order to stop arresting immigrants due to suspicions that they are in the U.S. illegally, and Michael Flynn, his former national security advisor who pleaded guilty to lying to the FBI.

Despite this, not all of his pardons were as problematic. Some were highly recognized and celebrated as a triumph. Earlier this year, as concerns were raised by reality TV star and businesswoman Kim Kardashian West surrounding Alice Marie Johnson, a woman who received a life sentence for first-time drug offenses, Trump granted her a full pardon.

Also, with the advice of actor Sylvester Stallone, he granted a posthumous pardon to Jack Johnson, the first African-American heavyweight boxing champion, who was jailed over a hundred years ago for violating the Mann Act ( also known as 'White Slave Traffic Act') by crossing state lines with his white girlfriend. The Mann Act was intended to prevent people from being human trafficked or prostituted.

Still, many speculate ( as do I) that this was used to criminalize African-Americans or those with different political ideologies, stripping them away from everything that they worked for, just like Johnson having his boxing career destroyed for no reason.

In addition, there has been speculation on whether or not Trump would pardon surveillance whistleblower Edward Snowden.

"Many people think that he should be somehow treated differently and other people think he did very bad things. I'm going to take a look at that very strongly," Trump said when asked about the matter.

Some Republicans are divided and taken aback by this idea.

More recently, Trump issued a copious amount of other pardons (26 new ones at that), some of which are controversial such as the pardoning of Paul Manafort, Roger Stone, and Charles Kushner.

Can Trump pardon his children?

According to The Guardian, Trump played around with the idea of giving pardons to his loved ones after concerns that Biden's Justice Departments might seek out Donald Trump Jr. for retributions.

Donald Trump jr. was brought up in Robert Mueller's investigation for offering damaging information about Hillary Clinton in the 2016 campaign. It's not entirely clear about Eric or Ivanka Trump's crimes, although attorneys have deposed Ivanka Trump in connection to misused donor funds from Trump's 2017 inauguration committee. Jared Kushner was also reported to have provided false information to federal authorities pertaining to security clearance, but he still received clearance from the president.

Due to these instances, discussions have been circulating about his three children's potential pardoning. Rumors of pardon bribery investigations are also causing a stir.

Trump has denied these allegations, even tweeting Tuesday night, "Pardon Investigation is Fake News."

In an article on Reuters, it states that it is legal for Trump to pardon his children and the associates in his immediate circle, but the power itself is not absolute. He doesn't have to give him a reason for issuing one, nor does it have to be reviewed by other government branches. It may wipe out criminal convictions but not federal crimes.

Could a presidential pardon completely protect Trump?

No, a presidential pardon wouldn't completely protect Trump. Presidential pardons only apply to federal crimes, so Trump and the rest of the administration won't be protected from the criminal investigation conducted by Cyrus Vance Jr., a Manhattan District Attorney. The particular probe is looking into the alleged bank and insurance fraud by Trump and his many companies.

But a presidential pardon will erase a criminal conviction for any possible federal crime. According to legal experts, it makes the most sense for Trump to embark on this route to defend himself if he were convicted of a federal crime.

All in all, Trump hasn't really indicated how he might use his pardon power within the next couple of months, nor has this stopped the speculation about President-elect Joe Biden pardoning Trump next year (this has been debunked).

We're just going to have to wait and see. I'll have my popcorn ready to watch the show.

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Women founders continue to come up against common challenges and biases

Written by Kelly Devine, Division President UK & Ireland, Mastercard

Starting a business may have historically been perceived as a man’s game, but this couldn’t be further from reality. Research shows women are actually more likely than men to actively choose to start their own business – often motivated by the desire to be their own boss or to have a better work-life balance and spend more time with their family.

The recently published Mastercard Index of Women Entrepreneurship 2021 found that in the category of 'Aspiration Driven Entrepreneurship’ – capturing those who actively choose to start their own business – women in the UK surpass men: 60% vs 56%. And Mastercard research from February 2022 found 10% of female business owners started their business in the past two years compared to 6% of men – meaning women were 67% more likely to have started a business during the pandemic.

Yet, there are common challenges that women founders continue to come up against - not least the gender imbalance in the household and long-held biases which are still prevalent.

In the UK, women are almost three times more likely to be balancing care and home commitments than men, and this was exacerbated during the pandemic as the additional barriers of school closures and lockdowns meant that the care time of dependents rose significantly on a day-to-day level for women. In addition, women were less likely to have access to a home office, greatly impacting the work they were able to accomplish when working from home was the only option.

It's also widely known that female business owners are still more likely to struggle to access funding for their business ideas. According to Dealroom, all-women founding teams received just 1.4% of the €23.7bn invested into UK start-ups in 2021, while all-male leadership teams have taken almost 90% of the available capital.

Without financial support, and when juggling significant time pressures both at home and at work, how can women grow their companies and #BreaktheBias (as this year’s International Women’s Day termed it)? What tools or support can save them time and money, and give them the headspace they need to focus on building their business?

With female owned businesses collectively estimating revenue growth of £120 billion over the next five years, solving this problem is bigger than supporting women – it’s about supporting the national economy.

Using tech to level the playing field

There are clearly societal issues at play that need to be resolved. But when we look at the rise in technology businesses during the pandemic, we can plainly see an alternative source of support critical for business growth: digital tools.

A third of female business owners say new technologies will be crucial to the success of their business in the future and one in five say it is the most important thing for business growth.

With new technology comes new ways to pay, create, and work. And yet there are barriers that prevent business owners accessing this technology. Women are significantly more likely to say they want to use more digital tools but don’t know what is best for their business and also more concerned about the security of digital tools.

When technology is adopted by businesses – whether using online accounting solutions or messenger services for communicating with staff – it saves them time, allows them to maintain and grow their customer base, and ultimately increases cost savings and profit.

By drastically improving the training and support that is available to women-owned business to access and utilise technology we will allow these businesses to grow and succeed. And we know there is demand for it.

Research done by the IFC and Dalberg shows that female entrepreneurs are more likely to invest time and money in business development. This includes product development, customer base expansion, and digital tools and training and there are plenty of services available offering this type of support – many of them for free.

One such programme is Strive UK – an initiative of the Mastercard Center for Inclusive Growth – which aims to reach 650,000 micro and small business owners across the UK and empower them with the tools they need to thrive in the digital economy through free guidance, helpful tools and one-to-one mentoring.

Working together with small business experts – Enterprise Nation, Be the Business and Digital Boost – we hope to ensure hundreds of thousands of UK female business owners have the tools they need to succeed and reach their ambitious goals. Because this ambition remains strong in the UK, with female business owners largely optimistic about the future despite the multitude of challenges they are facing. Four in ten say they will grow their business in the next five years – compared to only a third of male business owners – and they’re also 35% less likely than men to say they plan to downsize or close the business.

But if we do not empower female entrepreneurs to access the tools and technology they need to grow, there is a risk this optimism could be misplaced. Support programmes that provide business owners with guidance and mentorship can help ensure this isn’t the case, allowing female entrepreneurs to not only survive but thrive in the months and years ahead.