The Constitution, however, and the nature of what a pardon actually is make this claim of absolute authority legally meaningless. A presidential pardon is a kind of deed. Like the deed to a house, it must be given and received; delivered and accepted. The president can no more autoimmunize himself from future prosecution than he can sell himself Trump Tower or nominate himself for the Nobel Peace Prize. Without two parties, it is both illogical and illegal. As a 1974 Justice Department Office of Legal Counselmemo put it: “Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.”
Of course, this was a Legal Counsel Memo in 1974.
It will probably be tested in the Supreme Court.
The issue will be whether his conservative appointees will rule in his favour.
