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Donald Trump says he can pardon himself. Can he?

06 June, 2018, 14:24 | Author: Lucille Rivera
  • Rudy Giuliani: President Trump could pardon himself, but he probably wouldn’t

Trump's claim that he could pardon himself - something that he said was backed up by "numerous scholars" - actually is contradicted by others. "That's why he's tweeting about it".

Should Trump try to pardon himself and Congress fail to act, it would set a "dangerous precedent", said Gerhardt, because it would not only dramatically expand the power of President Trump, but every subsequent president.

"Given these principles, I think that the best argument - though, again, not one made explicit in the text - is that the President can not legally pardon himself", she wrote.

Kovalik went on to say he was unsure about the legality of the leak, but fellow guest Dave Lindorff, an investigative reporter and columnist for CounterPunch, clarified that the letter release "wouldn't be illegal".

A 1974 memo from the U.S. Justice Department says: "Under the fundamental rule that no one may be a judge in his own case, the president can not pardon himself".

"In no case can he be subpoenaed or indicted", said Giuliani. Mueller has requested an interview with the president to determine whether he had criminal intent to obstruct the investigation into his associates' possible links to Russia's election interference.

Trump critics have griped that if the president pardons associates like Paul Manafort or Michael Flynn he's doing it for his own self-interest.

Michigan State law professor and constitutional scholar Brian Kalt said to Yahoo News: 'I've been writing about this for 20 years.

"Let's hope we don't get there", he added.

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Former U.S. Attorney Preet Bharara also told State of the Union it would be "outrageous" for Trump to pardon himself.

The letter was delivered to Mueller's office in January and authored by Jay Sekulow, who remains a member of the president's legal team, and John Dowd, who resigned from Trump's team in March.

Trump's lawyers sent the letter as part of a broader argument that the President should not have to sit down with the special counsel.

Sen. Mike Lee, Utah Republican, said Tuesday a self-pardon would be "political malpractice".

But questions they have submitted to the White House indicate Mueller is examining Trump's actions, including his firing of former Federal Bureau of Investigation director James Comey, for possible obstruction of justice.

Mr. Trump's legal team has long pushed the special counsel to narrow the scope of its interview. During the 2016 presidential election, he focused on the Democratic campaigns of Hillary Clinton, Bernie Sanders and Martin O'Malley.

"If Trump ever comes to trial for a crime, it'll be because of some financial shenanigans after he's either impeached or he leaves office".

A court battle is likely if Mr. Trump's team argues that the president can't be forced to answer questions or be charged with obstruction of justice. It says in another clause he can't pardon an impeachment away; he can't stop or undo an impeachment.

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