On a recent segment of MSNBC’s The Weekend, legal analyst Melissa Murray discussed the implications of a Supreme Court ruling regarding former President Donald Trump’s potential to profit from pardoning those involved in the January 6, 2021, Capitol riot.
The Supreme Court’s decision, rendered on July 1 with a 6-3 vote, confirmed that former presidents retain immunity for official actions taken while in office, but this does not extend to unofficial acts. This ruling arose from Trump’s defense in an election interference case.
Trump is accused by the Department of Justice (DOJ) of trying to overturn the 2020 election results, which led to the Capitol riot—an event fueled by unfounded claims of widespread voter fraud. Despite these allegations, Trump maintains that he is shielded from prosecution due to his presidential status at the time.
After being indicted on four felony charges in August 2023 by DOJ special counsel Jack Smith, Trump has asserted his innocence, framing the case as politically motivated.
In a bold statement, Trump reiterated his commitment to pardoning over 1,488 individuals charged for their actions on January 6, vowing to review their cases as soon as he hypothetically wins back the presidency. “The moment we win, we will rapidly review the cases of every political prisoner unjustly victimized by the Harris regime and I will sign their pardons on day one,” he declared at a campaign rally in Mosinee, Wisconsin.
Spencer Platt/Getty Images
Murray emphasized that the recent Supreme Court ruling grants Trump significant authority when it comes to issuing pardons, suggesting it could even pave the way for him to accept payment for such actions. “The pardon power is explicit in the Constitution,” she stated.
Murray, an NYU law professor and co-author of the forthcoming book The Trump Indictments, pointed out the Supreme Court’s current conservative composition, which Trump significantly influenced during his presidency. She warned, “The Supreme Court is not coming to save us. We have to save ourselves. Authoritarianism is literally on the doorstep.”