Can Former President Trump Pardon Julian Assange for US Federal Charges?

The Legality of a Pardon from a Former President for Julian Assange

Introduction

The possibility of a pardon from a former President for a prominent individual like Julian Assange has sparked significant debate. This article explores the legality and practicalities of such a pardon, clarifying why former President Trump cannot pardon Assange and what the implications might be if he were to do so.

Current Legal Status

As of now, Julian Assange remains under legal scrutiny for actions he is alleged to have taken in relation to the U.S. government. He has not yet been convicted, but has been indicted on charges stemming from the leak of classified documents. The extradition process is still in progress, and there is no assurance that he will ever be brought to the U.S. to face these charges.

Legal Powers and Limitations

Former President Trump's Legal Limitations:

The former President is no longer in office and, as such, no longer has the legal authority to issue pardons. A pardon issued by a former President would not be binding and would not hold legal weight. The U.S. government has confirmed that the former President is not able to issue pardons.

It is important to note that while a current President can pardon individuals for federal offenses, a former President does not retain this power. The power to pardon is a presidential duty and authority that ceases upon leaving office.

Legal Precedents and Considerations

Historical Examples:

Gerald Ford and Pardons: Gerald Ford issued pardons for Vietnam War draft dodgers before there had even been an indictment, though these actions have not been extensively tested in the courts. Prognostications: If Trump were to be re-elected, he could theoretically issue a pardon before a conviction, though such actions have not been thoroughly tested legally.

Despite these historical precedents, it remains unclear how courts would view a pardon issued by a former President.

Potential Implications

International and Domestic Dimensions:

The act of a former President pardoning Assange could potentially be seen as an attempt to influence current or future legal proceedings, which might not be well-received. The U.S. has a long-standing principle of a "rules-based order," which would suggest that prosecuting a non-U.S. citizen for crimes committed outside the U.S. would be a breach of this principle. If Assange were a U.S. citizen, he would face more straightforward legal landscapes, but this is not the case as he is currently a U.K. citizen.

In conclusion, while the technicalities of pardoning an individual like Julian Assange do not hinge on citizenship, the legal and political realities ensure that a former President cannot carry out such an action.

Conclusion

Former President Donald Trump's inability to pardon Julian Assange reflects the complex legal and political environment surrounding such actions. The current legal status and the practical limitations of a former President further cement this understanding. Future contemplations on this issue must be made with these facts in mind.