Rudy Giuliani Says Trump Shouldn't Testify Because "Our Recollection Keeps Changing"

Charlene Craig
June 4, 2018

Some law experts say President Donald Trump probably could pardon himself from the Russian Federation probe if he wanted to, as lawyer Rudy Giuliani touted Sunday morning on various political shows, while other scholars called it doubtful.

"It could lead to impeachment, if he terminated an investigation of himself", Giuliani said in a separate interview on NBC's "Meet the Press".

Giuliani said earlier on Sunday that Trump most likely has the power to pardon himself. "Doesn't say he can't", Giuliani told ABC host George Stephanopoulos Sunday on "This Week". "I don't know how you can indict while he's in office, no matter what it is", Giuliani told HuffPo.

Chris Christie dismissed Sunday the possibility of President Trump pardoning himself, saying if he did, "he'll get impeached".

The letter pushes a theory, popular with conservative legal theorists, that a president's power allows him to issue pardons for any reason, end probes into friends and open investigations into enemies, Sandick said.

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Russian Federation has denied any interference and Trump has repeatedly said there was no collusion or obstruction of justice.

The document outlines the president's legal strategy and argues that Trump can not be indicted, subpoenaed or found guilty of obstruction of justice because he is the nation's "chief law enforcement officer".

The letter did not explicitly describe the possibility of Mr Trump pardoning himself.

Former White House ethics lawyer Norm Eisen, however, told HuffPo that despite Trump's campaign brags and his lawyer's misguided claims, "A president could not be prosecuted for murder?"

"He [Trump] has broad constitutional powers and somebody who wants to question that has a big burden to show there is no explanation for what he did".

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In the case of former President Richard Nixon, the Justice Department said he could not pardon himself, but others argue it is not precluded in the US Constitution.

Giuliani told ABC it is an "open question" whether Trump would sit for an interview with Mueller but that the president's lawyers were leaning against having him testify. The New York Times published the January 29 letter this weekend.

Trump's legal team has long pushed the special counsel to narrow the scope of its interview.

Second, even if Trump did order Comey to drop the investigation, the letter says, his defense lawyers have identified a criminal statute, 18 U.S.C. § 1505, that couldn't have been violated because (they say, as have some courts) it doesn't apply to FBI investigations.

"In issues of intent, there's only one person on Earth that can conclusively speak to that issue, and that is the president himself", Turley said. As arguments against even asking him about the statements, they strike me as pretty silly. Trump has argued that the claims predate Manafort's involvement with his Republican campaign. "I don't think a president should pardon themselves", he told CNN's "State of the Union".

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