President Donald Trump, under pressure from special counsel
Robert Mueller's investigation into Russia's role in the 2016 U.S. election,
probably has the power to pardon himself but does not plan to do so, his
attorney Rudy Giuliani said , according to Thompson-Reuters.
Asked whether Trump has the power to give himself a pardon,
Giuliani said, "He's not, but he probably does." Giuliani added that
Trump "has no intention of pardoning himself," but that the U.S.
Constitution, which gives a president the authority to issue pardons,
"doesn't say he can't."
Speaking on ABC's "This Week" program, Giuliani
added, "It would be an open question. I think it would probably get
answered by, gosh, that's what the Constitution says."
Giuliani noted that the political ramifications of a
self-pardon could be severe. Giuliani told NBC's "Meet the Press with
Chuck Todd" that "the president of the United States pardoning
himself would just be unthinkable. And it would lead to probably an immediate
impeachment."
Under the Constitution, a president can be impeached by the
House of Representatives and then removed from office by the Senate.
The possibility of a self-pardon appeared to be raised in a
Jan. 29 letter from Trump's lawyers to Mueller, published by the New York Times
on Saturday, arguing that the president could not have obstructed the probe
given the powers granted to him by the Constitution.
"It remains our position that the President's actions
here, by virtue of his position as the chief law enforcement officer, could
neither constitutionally nor legally constitute obstruction because that would
amount to him obstructing himself, and that he could, if he wished, terminate
the inquiry, or even exercise his power to pardon if he so desired,"
Trump's lawyers wrote.
The letter did not explicitly describe the possibility of
Trump pardoning himself.
Whether Trump may pardon himself is a matter of some debate.
A Justice Department memo dated four days before former
President Richard Nixon resigned in 1974 during the Watergate political
corruption scandal took the view that "under the fundamental rule that no
one may be a judge in his own case, the President cannot pardon himself."
House Majority Leader Kevin McCarthy, a Republican, made
clear he did not think Trump or any other president should pardon himself.
"I don't think a president should pardon themselves," he told CNN's
"State of the Union."
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