How do presidential pardons work and can Donald Trump give himself clemency?

Sweeping powers enable the commander-in-chief to waive criminal convictions retroactively but the full extent of its remit remains something of a grey area

The conviction of one key Donald Trump aide and the admission of guilt by another over a string of financial crimes have raised questions about the possibility of the president using his powers of office to pardon them.

Mr Trump’s long-serving attorney Michael Cohen and ex-campaign manager Paul Manafort were both found guilty by courts in New York and Virginia on Tuesday of charges arising from FBI special counsel Robert Mueller‘s ongoing investigation into the possibility of Russian agents conspiring to hack the 2016 presidential election.

Mr Cohen’s guilty plea included the confession that he had arranged to pay “hush money” to Playboy playmate Karen McDougal and porn star Stormy Daniels “at the direction of the candidate” to ensure they stayed silent on allegations he had sexual affairs with them prior to accepting the Republican nomination.

Here’s everything you need to know about the mechanics of the presidential pardon.

What is it?

The occupant of the Oval Office has sweeping powers to officially forgive those believed to have been wrongly prosecuted for a crime.

Article II Section 2 of the Constitution says the president “shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.”

Awarding a pardon gives full legal forgiveness, waiving all outstanding prison sentences, probation conditions or fines. This means that pardoned felons regain their rights to vote, hold licences, own guns and run for office. Their criminal record is not expunged, however.

The “reprieve” mentioned by the Constitution is slightly different, referring to a stay of execution, which the president might grant in order to stop the death penalty being carried out in the event that new evidence is uncovered or fresh doubts raised about the criminal’s guilt.

To be granted a pardon, an appeal must be submitted to the Office of the Pardon Attorney, a unit of the Justice Department answering to the attorney-general. Successful appeals, following an investigation into the matter, are passed on to the president for consideration.

Beyond that, there are few rules or restrictions.

Could the president pardon his former aides?

Yes. On Tuesday, Manafort and Cohen joined ex-national security chief Michael Flynn and aide George Papadopoulos ​to become the third and fourth members of the Trump campaign to be found guilty of a crime as a result of Mr Mueller’s ongoing investigation.

There is nothing in practice to stop the president overturning those verdicts with a pardon, although he is unlikely to feel sufficiently well-disposed towards all parties to do so.

Issuing a pardon to one of his inner circle would also incur a deluge of negative publicity and reinforce the perception that Mr Trump is as shady as the characters he has surrounded himself with.

It could also potentially be considered grounds for impeachment.

His decision to pardon the highly controversial former Arizona sheriff Joe Arpaio, convicted of contempt of court, in August 2017, provided a foretaste of the media backlash he could expect should he formally forgive Mr Manafort.

George HW Bush experienced when he pardoned six ex-administration officials over the Iran-Contra affair in 1992, a decision branded “a cover-up” of Mr Bush’s own role in the episode by prosecutor Lawrence Walsh.

Can the president pardon himself?

Interesting one. While it is a fundamental legal principle that no one should be able to stand in judgement over their own case, there’s nothing in the Constitution to stop it.

Having said that, the key word in the phrasing is the verb “grant”, which implies giving something to someone else.

There would be nothing to stop Mr Trump stepping down in disgrace, handing the reins to his vice president, Mike Pence, accepting a pardon from the latter and then returning to office.

Gerald Ford famously pardoned his predecessor Richard Nixon over Watergate in 1974.

Again, Mr Trump doing so would spark an almost unthinkable deluge of outrage and could provide further basis for an impeachment motion.