(NewsNation) — Former President Donald Trump is facing a fourth indictment, this one in Georgia, as prosecutors allege he and several co-conspirators attempted to overturn the results of the 2020 election case. If he is convicted, could the former president be pardoned?
While it’s possible, Georgia’s laws regarding paroles and pardons mean it would be difficult for Trump to obtain a pardon, and it would be far from a get-out-of-jail-free card.
Trump has brought up the idea of pardons, including pardoning himself if he were reelected in 2024. Whether or not a president can legally pardon themself is up for debate. What isn’t up for debate is the fact that presidents only have pardon power when it comes to federal crimes.
In many states, governors hold the power to grant pardons for those convicted in their jurisdiction. Georgia Gov. Brian Kemp, however, has no such authority under state law. Georgia constitutionally abolished the power of the governor to pardon in the late 1930s.
In Georgia, pardons are handled by the Georgia State Board of Pardons and Parole, a five-member board that is appointed by the governor. All members are confirmed by the state Senate and serve staggered seven-year terms.
All members of the current board have been appointed by Republican governors, but that doesn’t guarantee a pardon for Trump. Unlike federal law, Georgia law doesn’t allow for preemptive pardons, so the board couldn’t stop the case against Trump in its tracks.
The law also says defendants must meet certain requirements to get pardoned, including having served five years of their sentence. So not only would Trump have to be convicted, he would have to spend at least five years serving out his punishment before he would even have a shot at at a pardon.