One of the most unrestricted and absolute powers in the US constitutional system is the presidential pardon. That presents a risky question: is it legal to sell a pardon if the president is willing? More significantly, is it possible for the buyer—the individual paying for freedom—to face federal prosecution? This article explains the legal complexities surrounding the sale of pardons, including how the president's absolute immunity creates a black hole in accountability and how the paying party may still be imprisoned for bribery, conspiracy, and honest-services fraud. This isn't just a theoretical exercise from law school; actual scammers are already taking advantage of the loophole, and legislators are working feverishly to close an old and hazardous gap in the Constitution.
