Trump loves to use the pardon power. Is he next?

Still, there are limits to a pardon spree. As Attorney General William Barr testified during his confirmation process, a pardon granted in order to corrupt a judicial proceeding can amount to a criminal obstruction of justice. Mr. Trump’s pardons will be closely scrutinized for any purpose to thwart an investigation or pending prosecution threatening to him, a family member or close associate.

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Mr. Trump has proclaimed “the absolute right to pardon myself.” While neither the Constitution nor judicial precedents overtly speak to the issue, the Justice Department declared in 1974 a self-pardon would “seem” to be disallowed “under the fundamental rule that no one may be a judge in his own case.” Scholars are torn on the matter. The issue, which would arise if after Mr. Trump leaves office the new administration indicts him for a crime for which he pardoned himself, can be settled only by the Supreme Court.

There is little that can be done at this point to stave off a probable wave of opportunistic pardons. But in light of what we already know about his pardon practices, Congress should enact two reforms to prevent future abuses.

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