Trump lawyer Giuliani says president probably can pardon himself

Dana Milbank What has Trey Gowdy been smoking

Trump lawyer Giuliani says president probably can pardon himself

President Donald Trump is calling the special counsel Russian Federation probe "totally UNCONSTITUTIONAL!"

As early as last summer, as Mueller's investigation proceeded, the president began quietly asking advisers about his power to pardon aides, family members, and even himself.

Rudy Giuliani believes President Donald Trump probably has the power to pardon himself.

Mr Trump already has raised questions about his use of the presidential pardon power. "But the reason it won't is because then it becomes a political problem", he said.

"This is the president's decision ultimately, " he said.

'Any court that took this question, it would be appealed up to the Supreme Court and they could do whatever they want.

Trump jabbed at the Justice Department via Twitter on Sunday morning, going so far as to put "Justice" in quotes.

"Numerous legal scholars" have pointed out that Trump holds the constitutional authority to a self-pardon, he tweeted.

The questions followed a newly revealed January letter from Trump's legal team to Special Counsel Robert Mueller.

On Sunday night, Trump's lawyer, Rudy Giuliani, argued in an interview with HuffPost that Trump can't be subpoenaed or indicted while he's in office - even if he were to have shot his former Federal Bureau of Investigation director. The only remedy for a president's wrongdoing would be impeachment, he said. "If four of them are completely innocent and one of them is your assumption that it's a guilty motive, which (Trump) would deny, you can't possibly prosecute him".

Giuliani said that impeachment would be the remedy for a president's illegal behavior, offering as an example the hypothetical case of Trump shooting Comey rather than firing him, the HuffPost reported.

The issue was just one of several relating the special counsel's investigation and the handling of it by the President's personal attorneys.

"A president could not be prosecuted for murder?" Trump's legal team is "raising all kinds of legal arguments that I think most people don't think hold water". "A president can under extreme circumstances be indicted, but we're facing extreme circumstances". His lawyers at the time began discussing his pardoning powers as well. No court has ever tested it.

Former acting solicitor general Neal Katyal derided the assertions of power in the memo as "a ludicrous legal theory", in an interview with the Washington Post.

Mr. Trump's team has requested a briefing about the informant, but Giuliani said Sunday that the president would not order the Justice Department to comply because it would negatively affect public opinion.

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