Soon to be former New York Gov. Andrew Cuomo may have a way to pardon himself, according to a former district attorney’s assessment of his case.
Fox News contributor Andrew McCarthy who is a former assistant U.S. attorney for the Southern District of New York told the network that there is no law banning the governor from issuing a self-pardon.
The governor is facing charges in cases where investigators found evidence to support claims of sexual assault of multiple victims who claim to have been harassed while Cuomo held office.
McCarthy said he doesn’t think that Cuomo will go the route of trying to pardon himself, but it is still likely an option for the disgraced governor.
“I don’t believe Cuomo would pardon himself, because the groping crime he’s under investigation for in the Commisso complaint is (a) considered a misdemeanor and not very serious (i.e., it’s not considered felony sexual assault), and (b) he has vigorously denied the allegation and a pardon would be tantamount to a confession of guilt,” McCarthy said.
Newsweek reported in 2017 several instances of governors who have pardoned themselves, including a perplexing case in 1911, where Tennessee Gov. B.W. Hooper sentenced himself to two days in prison in order to “study conditions firsthand.”
The Tennessee executive officer pardoned himself the next day, but his case was curious at the very least.
Additionally (and more recently) there were two instances of gubernatorial pardons, including in 1941, Washington Gov. Arthur Langlie, a Republican reportedly unintentionally pardoned himself due to a stenographer’s mistake in a transcription. That was later corrected.
Again in 1956 Democratic governor of Arkansas, Orval Faubus pardoned himself, though of what historical reports seem unsure. What is sure is that the pardon came after the governor had to spend a brief stint in jail.