Supreme Court nominee Amy Coney Barrett on Wednesday refused would not say one way or another if a president has the right to pardon him or herself.
During the Senate Judiciary hearing, Democratic Sen. Patrick Leahy asked Barrett if she believes that no American is above the law, referencing President Trump’s claim that he has “the absolute right” to pardon himself.
“No one is above the law,” Barrett asked.
Then, Leahy asked: “Does a president have an absolute right to pardon himself for a crime? I mean, we heard this question after president Nixon’s impeachment.”
Here’s how Barrett responded:
“Sen. Leahy, so far as I know, that question has never been litigated. That question has never arisen. That question may or may not arise, but it’s one that calls for legal analysis of what the scope of the pardon power is, so because it would be opining on an open question when I haven’t gone through the judicial process to decide it, it’s not one on which I can offer a view.”
Amy Coney Barrett won't close the door on the idea that Trump could pardon himself pic.twitter.com/J7uRafbXK0
— Aaron Rupar (@atrupar) October 14, 2020