Giuliani: Trump couldn't be indicted even if he shot Comey

04 June, 2018, 10:01 | Author: Jason Torres
  • Trump Lawyers: A President Cannot Obstruct Justice

As president, the letter asserts, Trump was free to fire former FBI Director Jim Comey "at any time and for any reason", and even today he could "order the termination of [the] investigation"-in which he is a subject-"at any time and for any reason".

Giuliani previously said that the U.S. Constitution gives Trump the ability to bestow a pardon on himself, but said he doesn't have any intention of using that power.

"He probably does", he said.

The Constitution, in Article II, states that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States".

"I have a feeling that collusion has come up completely empty", Giuliani said, adding that he thinks the inquiry into any possible collusion by the Trump campaign with Russian Federation has probably ended.

"So I hope we don't have to get to that point, and it's hard to predict what would happen but that would be- That would create outrage on both sides of the political aisle". His lawyers at the time began discussing his pardoning powers as well.

If the President does not consent to an interview with the special counsel and Mueller does subpoena him, the interpretation by Trump's lawyers of broad executive powers would likely be tested in court if they chose to fight the subpoena.

"It would be an open question", he added.

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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.

Giuliani said last week that the special counsel probe may be an "entirely illegitimate investigation" and need to be curtailed because, in his estimation, it was based on inappropriately obtained information from an informant and Comey's memos. He is telling the truth.

What about the political ramifications?

It's an outrageous claim. That is because, they say, obstruction of justice "would amount to him obstructing himself" as the nation's chief law enforcement officer. This, the letter argues, was not an admission that Trump fired Comey because of the Russian Federation investigation-"in fact", the letter asserts, "the President did not ever say such a thing". "They were trying to make a broad argument".

The only time the privilege concept has been tested in court about a sitting president also involved materials rather than testimony.

Mr Trump took to Twitter on Sunday to again rage against the FBI and Justice Department, saying he would not have hired Mr Manafort if the agencies had told him Mr Manafort was already under investigation.

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?" Manafort has been charged by Mueller with multiple felonies, including money laundering, conspiracy and bank and tax fraud.

Jed Shugerman, a Fordham University Law School professor, said raising the idea of pardons could be read as a warning to Mueller that if he pushes to subpoena Trump, the president could escalate the fight by pardoning people under investigation. "I'm not billing by the hour, otherwise I could tell you exactly", he joked about the case he has taken on for free.

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