In the News, On the Bar Exam: Trump’s Pardons & Article II Explained

President Trump recently issued broad, unconditional pardons to dozens of allies tied to efforts to overturn the 2020 election, including Rudy Giuliani, Mark Meadows, Sidney Powell, John Eastman, and several alleged “fake electors,” for any federal offenses arising from those events. The proclamation, posted by the Office of the Pardon Attorney, explicitly states that the pardon does not apply to Trump himself.

Set the politics aside for a moment. For bar examinees, this is a live, real-world illustration of a one-sentence rule you absolutely must know:

The President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

U.S. Constitution, Article II, Section 2, Clause 1

First, notice what these pardons are aimed at: offenses against the United States. That means federal crimes only. A presidential pardon can reach federal charges or potential federal charges connected to 2020 election conduct, including conspiracy, obstruction, fraud against the United States, or related federal offenses. It cannot erase state prosecutions (for example, state election interference or forgery charges in Georgia, Arizona, Michigan, etc.). On an exam, as soon as you see a president trying to “wipe out” a state conviction, your answer is: they can’t.

Second, many of the people named had not been convicted—or even indicted—federally. The pardon power has long been understood to allow preemptive pardons for completed federal offenses, even before formal charges are filed. The 2025 pardons are exactly the kind of scenario the National Conference of Bar Examiners loves to turn into a hypo: “Can the President validly pardon X for any federal crimes arising out of [fact pattern] even if X hasn’t been charged?” The answer is "yes" as long as they are federal offenses and not impeachment penalties.

Third, this episode highlights how broad and discretionary the pardon power is. Courts treat it as a plenary Article II power for federal offenses. Presidential pardons may be controversial, political, and potentially norm-breaking, but they are still constitutionally valid unless they collide with an express limit. That key limit is baked into the text: “except in cases of impeachment.” The President cannot use a pardon to undo an impeachment judgment or to immunize someone from the consequences of impeachment. If an exam question hints that a president is pardoning to erase an impeachment conviction (their own or someone else’s), that’s your moment to quote the exception.

When you see a fact pattern involving a controversial pardon, don’t get lost in the names or headlines.