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Q&A: What legal and political challenges lie ahead for the president?

9NEWS Legal Analyst Whitney Traylor answers your questions about President Donald Trump's potential legal and political future.

DENVER — As House Democrats call for the invocation of the 25th amendment and eye impeachment, questions are mounting about the final two weeks of President Donald Trump's administration.

Conversations regarding the removal of the president from office come in response to Wednesday's riot at the U.S. Capitol by the president's supporters.  

At a press conference Thursday afternoon, Pelosi said "this is urgent" and Trump is a "very dangerous person" and needs to be removed before President-elect Joe Biden's inauguration.  

We took your questions about the potential legal and political consequences the president may face in his final days in office and those that follow to 9NEWS Legal Analyst Whitney Traylor. 

(Editor's Note: Responses may have been lightly edited for context and clarity.)

9NEWS: Is it possible for President Donald Trump to pardon himself?

Whitney Traylor, 9NEWS Legal Analyst: "Well, we've never seen that happen before. So, this is all new. Much like what's happened in the last four years, a lot of issues have been explored for the first time. This is one issue where we don't have direct evidence.

This came up when President Richard Nixon's attorney had suggested it. That prompted the Department of Justice in 1974 to issue a memo in which they said, ‘no, a president can't self-pardon.’ The reason was there is a fundamental tenet that no man can be a judge in his own case. So, according to the Department of Justice, the answer would be no. Interestingly, there are other practical considerations for the president because granting a pardon would suggest that he's done something wrong, and accepting it would be an implicit admission of guilt. So, there is that issue as well, if it could even be done. That same memo suggested that a president could invoke the 25th amendment, the vice president could step in and pardon the president, and then the President could actually resume his duties. Could all of those things happen within the next 12 days? No, I don't think that's possible. So, there are a lot of nuances to the self-pardon issue.

Pardons only apply to federal crimes. There are a series of attorney generals who are contemplating litigation against President Trump under state law. A pardon would not apply to that. If he did try to initiate a self-pardon, it would set a terrible precedent. Following presidents could come in knowing that they have essentially get out of free jail card, and they could act with impropriety in that part of themselves."

If Vice President Mike Pence assumes the role of President, could he pardon Trump?

Traylor: He could certainly do that. That's what happened with Gerald Ford and Richard Nixon. If VP Pence took over the presidency, he would then have the power to pardon him. Just like when Joe Biden is inaugurated, Joe Biden could actually pardon him. Keep in mind, there's been no crime at this point. So it would be a preemptive pardon if you will. That could happen.

The issue there is they would need more than half the cabinet. We just had two recent resignations, with Betsy DeVos and Elaine Chao. That makes it a little unusual. Then there are three acting secretaries and because they haven't been confirmed by the Senate, there's a question of whether they would get to vote. Even without these resignations, it would have to be eight out of 15 plus the Vice President, or without the acting directors, it would be seven out of 12.

Could President Trump grant a blanket pardon to all individuals facing charges related to Wednesday’s events?

Traylor: No, I don't think that would work. I don't know of any precedent where there was a blanket pardon. Not naming the individuals, that seems like a remote possibility. The other thing that suggests is that he's aware a crime was committed and some people are calling for his resignation or removal because of his participation. Some are saying that he actually prompted that. Could that then create him as a conspirator in this crime that he's acknowledging is a crime by granting the pardons?

Could the President be prosecuted as a civilian for any actions taken while in office?

Traylor: That's also going to be an issue that will be litigated. That has been litigated with respect to a sitting president, I think folks are well settled that a sitting president can't be prosecuted. The question then becomes after the presidency. I think a lot of scholars would say, ‘yes, he can be prosecuted.’ I think the primary litigation on some of the financial records is out of the Southern District of New York. They're gathering information and getting ready to pursue these claims, as I understand it. So, we'll see that play out and the issues will be litigated probably for years.

Under what circumstances, if any, would President Trump be barred from running for federal office at some point in the future?

Traylor: That is a possibility. That would be a possibility if he was impeached, and the Senate convicted him. Then Congress could preclude him from running for office in the future. So, it's very likely he could be impeached within these 12 days. They're drafting the Articles of Impeachment, and there could be a vote as early as Wednesday of next week on the House. The question of the senate having a trial, that doesn't seem likely. First of all, they're on recess until the 20th. I don't know that there is enough support. There are some Republicans who are suggesting they would entertain it, which is a significant step in and of itself but will the senate be able to come back, conduct a trial, and convict? That doesn't seem likely before the 20th.

Is there anything else that would preclude President Trump or any other President in the future from seeking a second term?

Traylor: I don't know that there's anything that Congress can do. There are so many nuances. There might be something out there. Certainly, if he's prosecuted criminally on some of these other crimes, convicted, and sentenced, then that would obviously prevent him from running. That seems completely remote and it's just hard to get your head around the idea of that. That may create an issue about running if he has criminal issues.

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