Ex-pardon lawyer reveals how Trump will keep himself out of jail
Donald Trump is extremely likely to use pardons to keep members of his staff, and even himself, out of legal trouble after his term ends, according to one former pardon attorney.
Liz Oyer previously served as a career attorney for the Department of Justice, with a focus on pardons from 2022 to the end of her tenure in 2025. She was fired by Trump after refusing to reinstate MAGA-friendly actor Mel Gibson's gun rights. She now makes frequent appearances across various news and political media, offering legal analysis and criticism of Trump's leadership.
This week, she made an appearance on the most recent episode of The Daily Beast Podcast, where she told host Joanna Coles that, in her estimation, Trump is "likely" to use his pardon powers for "members of his administration who may have committed crimes in the course of their official duties." In fact, she said that it is a distinct possibility that these pardons have already been drafted, in case anything happens to him in the near future.
"Frankly, it would not surprise me if he has already written some of those pardons and signed them and has them stashed in a drawer somewhere, just in case something should happen to him," Oyer said. "To make sure that the people who have worked for him in this administration are protected."
Trump previously asserted in 2018 that he would have the "absolute right" to pardon himself, claiming that numerous legal scholars were in agreement, though he did not name any. Precedent is not on his side in that argument, however. In 1974, the DOJ released an opinion finding that the president did not have the legal authority to pardon themself for any crimes. That idea could be overruled by a Supreme Court decision, though the Court has never weighed in on the matter.
For her part, Oyer said that it is unlikely Trump will need to test the legal waters and pardon himself, given how unlikely it is that he will face prosecution for anything. This is because of the 2022 Supreme Court ruling that granted presidents immunity for actions taken as "official duties" while president, a definition broad enough to encompass almost anything.
"There’s not a clear answer under the law as to whether the president can pardon himself," Oyer said, later adding, "He knows that he’s not likely to be able to be held accountable criminally for anything he’s doing during his presidency, and therefore he probably won’t need a pardon because of the broad legal immunity that the Supreme Court has already given him."
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