(HorizonPost.com) – Despite demands from Trump supporters that Georgia Governor Brian Kemp immediately pardon the former president after he was indicted on fraud and racketeering charges in Fulton County, the governor can’t issue such a pardon, the Daily Caller reported.
Trump faces 13 counts in the 41-count indictment issued last Monday, including soliciting a public official to violate his oath and making false statements.
Under Georgia law, the governor does not have pardon power. Instead, someone convicted of a crime must wait at least five years after finishing a prison sentence to apply for a pardon with the State Board of Pardons and Paroles.
According to the board guidelines, to apply for a pardon, a defendant cannot have charges pending.
Additionally, under the Georgia Constitution, there is no such thing as a “pre-emptive pardon.” According to a report from the Brookings Institution, the Georgia Constitution makes it clear that the board can only consider pardons after a defendant is convicted. The Georgia Constitution created the State Board of Pardons and Paroles, which is made up of five members appointed by the governor and confirmed by the state Senate.
The state Constitution does not set the 5-year requirement to apply for a pardon. However, the Constitution does permit the board to offer parole to individuals over 62. Unlike the two federal indictments against Donald Trump, a president cannot issue a pardon in the Fulton County case if Trump is convicted since the president’s constitutional pardon power extends only to federal charges. NBC News reported on Monday that Trump plans to surrender himself to Fulton County authorities on Thursday.
In a post on Truth Social, Trump announced that he would be going to Atlanta to turn himself in. The former president had until Friday, August 25 to surrender and likely chose Thursday to draw media attention away from Wednesday night’s Republican primary debate which he is skipping.
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