Tuesday, 16 October, 2018

Giuliani: Trump actually could pardon himself

Trump Lawyers: A President Cannot Obstruct Justice Report: Giuliani says Trump will fight Russia probe subpoena | New Hampshire
Glenn Montgomery | 04 June, 2018, 10:00

The ex-mayor's comments come after the New York Times revealed the existence of a 20-page letter sent by Trump's legal team to Special Counsel Robert Mueller arguing that the president can't obstruct an investigation because he has the power to "terminate" it and can "exercise his power to pardon".

Giuliani said he would keep an "open mind" about whether Trump would testify under oath in the probe, but added: "I have to just be honest, we are leaning towards not".

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

Speaking on ABC's "This Week" program, Giuliani added, "It would be an open question".

Mr Giuliani told ABC: "It's beginning to get resolved in favour of not doing it".

Within days of ousting Comey, Trump said that when he dismissed him he was thinking of "this Russian Federation thing", because he thought it was a made-up excuse by Democrats looking for a reason for Trump's upset win over former Secretary of State Hillary Clinton.

The question of self-pardon arose after the New York Times published a letter to the counsel from Mr Trump's lawyers. Many hit out at the idea of the president abusing the pardon power, while others raged at the perceived double standard employed by his personal attorney. Todd asked him to clarify whether he was making the case "that [Trump] didn't obstruct or that a president can not obstruct justice".

Well, you know what's really costing us a lot of money if we want to go through the budget and get rid of expensive things?

Trump's team has asked for 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.

But were he to do it, the likely impeachment process would be led by the House of Representatives - and he would then be removed from office by the Senate.

"If he and his lawyers persist with these types of arguments, it will end up being decided in the courts over a subpoena to testify or in Congress where impeachment, if nothing else, must place some limits on abuses of presidential powers", Rocah said.

What do you think of Giuliani's responses?

Trump's lawyers pointed to case law suggesting Mueller would have to show that investigators were unable to obtain the same information elsewhere before demanding an interview with Trump.

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?"

Apart from this primary claim of unreviewable power over criminal investigations, the 2018 letter makes a number of remarkable, and sometimes very questionable, assertions.

If Trump were served with a subpoena, legal analysts said they expect he would challenge it, and the dispute would nearly certainly escalate to the Supreme Court. "I think people would erupt".

The debate over a self-pardon has been further fueled as Trump has issued - or hinted at - a series of pardons to political allies, and done so in a way Democrats say is meant to signal his present and former aides that they need not fear resisting the Mueller probe.

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