Are you ready for universal Trump pardons?

President Trump has reportedly told his staff “I’ll pardon everyone who has come within 200 feet of the Oval [Office].” Should we believe his boast, that he will issue pre-emptive presidential pardons to hundreds, if not thousands, of administration staff and officials who may or may not have committed or even been charged with a federal crime?

Although Trump often claims he can or will take certain questionable actions he may have no intention of taking, there are reasons to take this boast seriously.

Could a president issue what amounts to universal administration pardons? Perhaps.

Article II, Section 2 of the U.S. Constitution says the president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

The Supreme Court has generally held that this power is unlimited with respect to federal crimes, but it does not apply to impeachment or crimes charged by state and local law enforcement. And there are other limitations — for example, a president cannot pardon someone for a future crime.

However, no constitutionally protected right is absolute. The Supreme Court has identified certain limits on our First Amendment rights to religious practices, freedom of speech and assembly. And although Trump has in the past claimed he has the right to pardon himself, not everyone agrees.

So, it is at least possible the high court might impose some limits, were a president to face legal challenges for grossly abusing the Pardons Clause. But it’s anybody’s guess whether and under what circumstances the court might act.

Why would President Trump consider such an action? Former President Joe Biden opened the door to a much broader application of the Pardons Clause, with 4,165 pardons and commutations in four years — the most of any president since the beginning of the 20th century, according to the Pew Research Center. As The Wall Street Journal reported, “President Biden broke boundaries of his own Monday [the day before Trump’s inauguration] in granting pre-emptive pardons to his siblings and their spouses, and to public figures Trump has publicly attacked, including Dr. Anthony Fauci and Gen. Mark Milley.”

A month earlier, Biden had pardoned his son, Hunter, for all criminal convictions and crimes he may have committed for the previous 10 years.

Biden — who many believe weaponized the Justice Department against Trump and conservatives — was concerned that Trump would weaponize the department against Biden’s staff, associates and other high officials. And Trump has done just that.

Believing he was wrongly prosecuted and seeking retribution, Trump has openly and aggressively urged the Justice Department to prosecute his enemies, both real and perceived, even firing federal prosecutors and the attorney general, Pam Bondi, because he didn’t think they were moving the prosecutions forward with sufficient speed.

Thus, Trump likely fears a future Democratic president and Justice Department would try to prosecute his staff and associates. He wants to ensure they are exempt from politicized prosecutions.

What problems might arise if Trump does issue blanket pardons to “everyone who has come within 200 feet of the Oval?”

Although a president’s staff, appointed officials and military should execute all “lawful” orders and commands, what if a president issues illegal orders? If individuals believe they will be pardoned before a president leaves office, would that make unethical or illegal activity more likely?

And there are other concerns. A growing number of news stories are raising questions about insider trading and the financial dealings of World Liberty Financial, a cryptocurrency organization created by Trump and adviser Steve Witkoff and apparently now run by Trump’s and Witkoff’s sons. Would investors and family members be more reckless and unethical in their financial dealings if they felt certain they would be pardoned?

Biden pardoned his son going back 10 years, how could Democrats complain if Trump were to issue pre-emptive pardons to his sons for a similar time period?

Trump has already been a second-term overachiever with respect to pardons and commutations. On the first day of his second term, he issued full pardons to more than 1,500 people involved in the Jan. 6 raid on the Capitol. Since then, he has pardoned several high-profile criminals, including those involved in and pleading guilty to drug trafficking and money laundering.

Issuing blanket pardons for staff and officials many seem to Trump like a prudent step, especially if a Democrat wins the 2028 presidential election. But it opens the door for other presidents to do the same, altering the limited intent behind the Pardons Clause. More importantly, it opens the door to lawless behavior from those who know they will leave their jobs with a presidential pardon in their pockets.

Merrill Matthews is the Texas state chair of Our Republican Legacy.

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