Florida Governor Ron DeSantis and South Carolina Governor Nikki Haley have both pledged to pardon President Donald Trump if he were to ever be convicted of any crimes. This pledge is controversial, as many argue it isn’t the proper role of a state governor to pardon a federal crime.
The commitment first came from Governor DeSantis, who made the promise during an interview with Fox News. When asked what he would do to help the president in the event he was convicted of a crime, the Florida Governor said he “would certainly do that.” In a subsequent statement, Governor Haley told the Washington Examiner that she also supported a potential pardon for the sitting president.
The commitment has drawn criticism from constitutional law scholars. U.C. Berkeley professor Hadley Pribersky told CNN that the governor’s promise was “profoundly undemocratic” and noted the Constitution designates the president “a separate individual from state officials.” Pribersky further argued that “state governors, in our system, do not have the authority to pardon federal crimes” – meaning any such pardon would be void in the eyes of the federal government.
The promise of a state-level pardon for a federal crime is one of several moves being made by President Trump’s allies in the wake of his possible federal prosecution. This move is expected to garner national attention, with many focused on how the governors’ decision will differ from the federal government’s policies.