What Pardons Can (and Can’t) Do for Trump’s Defense

President Donald Trump’s recent focus on pardons has spurred speculation that he’s sending a signal to allies who are under scrutiny by Robert Mueller, the special counsel probing Russian interference in the 2016 election. The possible message: Stay quiet, don’t cooperate with prosecutors, and Trump will use the president’s unilateral pardon powers to absolve you of wrongdoing and keep you out of jail. Trump could, if he chooses, use pardons to frustrate many elements of the legal investigations of him and his associates. But pardons alone won’t relieve all the pressure.

The U.S. Constitution vests the president with power to pardon anyone convicted or accused of a federal crime. A president even could issue a preemptive pardon to someone not yet charged, for actions already committed, such as the one granted to Richard Nixon by his successor as president, Gerald Ford. In Trump’s case, he could, in theory, pardon any of his current or former aides who might otherwise feel pressure to turn on him and cooperate with federal prosecutors. That list includes people who have been charged by Mueller -- like Trump’s onetime campaign chairman, Paul Manafort, and first national security adviser, Michael Flynn -- or are under federal investigation, such as his longtime legal trouble-shooter, Michael Cohen.